^ 

PUBLIC  SERVICE  COMMISSION  FOR 
THE   FIRST   DISTRICT 


CONTRACT  NO.  I 

BEING    THE    CONTRACT    FOR    THE 

CONSTRUCTION  AND  OPERATION 

OF    THE 

Manhattan   and   The   Bronx    Rapid 
Transit    Railroad 


WITH 


SUPPLEMENTAL    AGREEMENTS 


TO 


ist  JANUARY,  1908 


Contract  Dated  2ist  February,  1900 


MARTIN  B.BRflWN 


RAPID    TRANSIT    RAILWAY    CONTRACT 


INDEX 


Chapters   I  and   II 

PAGE. 

Agreement  for  Construction,  Definition  of 6 

Agreement,  Modifying,  as  to  Security 153-170 

Assignability.      Contract   not  assignable   without   writ- 
ten consent  all  members  Board 14 

Acceptance  of  work,  Effect  of 18 

Arbitration — on  review  of  Engineer's  determination...  20 

Abatement  from  price 22 

Accidents,  Indemnification  for 31 

Bergen  Ave.  ( i49th  St.)  change 235-252 

Board,  Definition  of 5 

Bond  for  Construction  and  Equipment 9 

Bond  for  Construction  and  Equipment — final  form.  . .  .  145-147 

Bond — Continuing  9 

Bond  Continuing — final  form 305-319 

Board,  who  successors  to 14 

Board,  powers  of  to  amplify  plans,  &c 18 

Construction  to  be  by  sections 2 

Construction  to  be  made  so  as  to  meet  requirements  of 

lease   4 

City,  Definition  of 4 

Contractor,  Definition  of 5 

Comptroller,  Definition  of 5 

Construction,  Definition  of 6 

Continuing  Bond 9 

Continuing  Bond — final  form 305-319 

Contract  not  assignable  without  written  consent  whole 

Board  14 

City's  covenants  with  Contractor 13 

City  Hall  Change,  etc 191-196 


II  INDEX 

PAGE. 

City  Officials  not  to  be  interested  in  Contract 14 

Covenants,  City's  with  Contractor 13 

Construction,  Agreement  for i6-33 

Commencement  and  completion  of  work 22 

Cost  of  sites 24 

Cost  of  real  estate  for  sites,  &c 24 

Claim  against  contractor,  Money  held  for 27 

Connection  with  "  L"  Road  in  The  Bronx 289-304 

Contractor's  obligation  make  good  damage  to  adjacent 

property 30 

Contractor's  liability  for  damage  to  abutting  property.  31 

Contractor's  Proposal — form   of I35~I3^ 

Divisions  and  Construction  of  the  Contract 4 

Definitions   4-7 

Daily  Newspaper,  Definition  of 6 

Deposit  of  $1,000,000  cash,  Conditions  of;  how  enforced  7 

Deposits,  Return  of 8 

Damage,  Contractor's  Liability  for  to  Abutting  Prop- 
erty     31 

Damage.    Contractor  admits  plans  involve  none 30 

Default,  Remedies  on 10 

Default  to   Construction.     Right  of  City  to   complete 

Contract  on  Contractor's  Default 10 

Default  in  Construction.   Right  of  City  make  new  Con- 
tract   IT 

Default  in  Construction.    Right  to  sue  on  Bond 1 1 

Default  in  Rental.     City's  remedies 1 1 

Engineer,  Definition  of 5 

Equipment,  Definition  of 5 

Equipment,  Lien  on 10 

Equipment.     When  to  proceed 26 

Engineer,  Approval  of 19 

"          Powers  of 19 

Engineer's  determination,  how  reviewed 19 

Engineer,  Substitute  for 31 

Engineer's  Decision  on  questions  conclusive,  when ....  33 

Extra  Work,  Vouchers  for 22 

Excuses  for  Delay  in  Completion 23 

Facilities  to  Board  to  be  afforded  by  Contractor 14 

Ft.  George  Change  of  Route 173-188 


INDEX  HI 

PAGE. 

Ft.  Lee  Ferry  Connection 275-287 

Inspection    18 

Inspection,  Contractor  will  facilitate 31 

Invitation  to  Contractors — form  of 127-134 

Labor  Law,  part  of  Contract — Provisions  of 15 

Labor  and  Materials,  Evidence  that  Contractor  has 

paid  for 26 

Lease,   Definition  of : 6 

Lenox  Avenue  Extension 255-271 

Lien  on  Equipment 10 

Lien  on  Equipment,  Release  from 10 

Lien  on  Equipment.     How  enforced 12 

Lien  on  Amounts  payable  Contractor.    How  discharged.  27 

Material  excavated  property  of  Contractor 31 

Manhattan  Road,  Connection  with 289-304 

Manner  of  completing-  work 32 

New  York,  Definition  of 6 

Notice,  Definition  of 7 

Notice.     How  served 7 

Names  of  Sub-contractors  to  be  furnished  Board 30 

Operation,  Definition  of . .  6 

Payments  for  each  Section 3 

Payments  for  Extra  Work 22 

Payments.    How  made  Contractor 25 

Price 17 

Price,  abatement  from 22 

Penalty  for  Delay  in  Completion 23 

Plans  and  Contract  Drawings 29 

Railroad,  Definition  of 5 

Rapid  Transit  Statute,  Definition  of 5 

Rapid  Transit  Act  incorporated  in  contract 7 

Rental,  Definition  of 6 

Rental,  Remedies  on  default  in 1 1 

Rental  under  the  lease 4 

Release  from  .lien  on  equipment 10 

Remedies  on  default 10 

Routes  and  General  Plan,  incorporated  in  contract....  13 

Described 139-144 

Real  Estate  for  Stations,  &c 24 

Real   Estate   for  terminal   and  railroad   purposes,    how 

acquired   25 


JV  INDEX 

PAGE. 

Sections  to  be  constructed ,, 2,  16 

Security  by  Contractor 7 

Cash  deposit  of  $1,000,000 7 

Bond  for  construction  and  equipment 9 

Continuing  Bond 9 

Siding  and  Broadway  Terminal 199-207 

Specifications  and  Contract  Drawings,  Intention  of.  ...  28 

Specifications,  not  inclusive  of  all  requirements 33 

Supplementary  Drawings 29 

Sub-contractors'  names  to  be  furnished  Board 30 

Sewers  and  incidental  work 32 

Taxation — Contractors'  interest  not  taxable 14 

Time  of  completion  of  Contract 22 

Time  of  Completion — Penalty  for  delay 23 

Terminals,  Sites  of 23 

Cost  of > 24 

Typographical  error,  correcting 211-216 

Traffic  to  be  maintained  on  streets 31 

Vouchers  for  payments 26 

Work  to  be  done  under  Contract 16 

Work,  Additional,  &c 18 


Specifications 

Back  filling 43 

Brick  Masonry 49 

Cement 46 

Concrete 47 

Contractor's  absence,  orders  how  given 113 

Cleaning  up  after  work 113 

Conveniences 114 

Description  of  work 34 

Drains  and  Pumps 57 

Excavation 40 

Equipment 112 

Fences    113 

Grades  and  Lines 114 

Iron  and  Steel 5$ 

Lines  and  Grades 114 

Mortar   .              46 


INDEX  V 

PAGE. 

Masonry,    Brick 49 

Masonry,   Stone 51 

Mains,  Water 85 

Maintenance  of  and  interference  with  surface  and  sub- 
surface   structures 106 

Materials  and   Workmanship 113 

Material,  condemned,  how  removed 115 

Men,  competent  only  employed 1 115 

Men,  Discharge  of,  on  Notice  from  Engineer ,  . .  115 

Notice  prior  to  construction 114 

Ordinances  and  Regulations 114 

Painting 64 

Paving   90 

Prosecution  of  Work,  manner  of 37 

Piling  and  Timbering 44 

Pumps  and  Drains 57 

Stone  Masonry 51 

Steel  and  Iron 58 

Sewers    71 

Street  railroad  tracks,  maintenance  of  and  interference 

with    106 

Sub-surface  structures,  maintenance  of  and  interference 

with    106 

Surface    structures,    maintenance    of    and    interference 

with    106 

Stations    107 

Sectional   Construction 115 

Timbering  and  Piling 44 

Tunnelling 44 

Track   65 

Terminals    in 

Trade   Combinations 115 

Water  proofing 54 

Water  mains 85 

Work,    imperfect 114 

Work,  damaged,  how  replaced 114 

Chapter   III — The   Lease 

Assignability  of  Lease 124 

Assignment  to  Tnterborough  Rapid  Transit  Co 219-232 


VI  INDEX 

PAGE. 

Bond  Continuing- — Final  form  of 305-319 

Character  of  railroad.    Contractor's  assurances 118 

Condition,  Contractor  to  keep  railroad  in  good 120 

Cars  to  be  lighted  and  heated 120 

Default,  City's  powers  on 123 

Equipment,  Schedules  of,  to  be  filed 122 

Equipment  to  be  kept  in  good  order 122 

Equipment,  City's  lien  on 122 

Freight  may  be  carried  on  railroad 122 

Fares    123 

Inspection    121 

Lease,   The 1 16-124 

Lease,  City  to  buy  Contractor's  property  at  termination.  123 

Lease,  how   assignable 124 

Motive   Power 121 

Net  proceeds  of  operation 117 

Possession,  to  be  surrendered  at  end  term 116 

Profits,  How  determined , 118 

Power,  Motive 121 

Quarterly  Statement  of  Proceeds  of  Operation 117-118 

Rental,    amount 1 16 

Rental,  when  to  begin 117 

Rental,  when  payable 117 

Return  to  Board  of  Annual  Statement  of  Net  Proceeds 

Operation 117 

Repairs  119 

Rolling  Stock,  Character  of 121 

Rolling  stock  to  be  adequate 122 

Renewal  of  Lease ' 124 

Standards  of  Railway  Operation 119 

Schedules  of  Equipment  to  be  filed 122 

Term 1 16 

Trains  to  be  run 119 

Trains,  Express 119 

"       Local    H9 

Safety,  Devices  for 1 19 

Termination  of  Lease,  City  to  buy  Contractor's  Prop- 
erty   !23 

Ventilation  of  Tunnels,  &c 120 

Waiting-rooms    12° 


INDEX  VII 

CHANGES    IN    CONTRACT. 
Changes   of   Route,  Etc. 

PAGE. 

Modifying  Agreement  as  to  Security 153-170 

Fort  George  change 173-188 

City  Hall  change : 191-196 

Broadway  Terminals 199-207 

Correcting  typographical  error 211-216 

Assignment  to  Interborough  Rapid  Transit  Co 219-232 

Bergen  Ave.  ( I49th  St.)  change 235-252 

Lenox  Avenue  extension 255-271 

Fort  Lee  Ferry  extension 275-287 

Connection  with  Manhattan  Railroad  in  The  Bronx .  . .  289-304 

Bond  Continuing — final  form t 305-319 

Third  Track  north  of  Fort  George 321-332 

Modifying  Agreement  as  to  Rate  of  Rentals 333~346 

Return  of  Contractor's  Deposits 347-362 

Outlet  Chambers  and  Fan  Houses 363-373 

Van  Cortlandt  Park  Extension 375-391 

Third  Avenue  and  I49th  Street  Station  Entrance 393-404 

Extra  Work  for  Ventilating  and  Cooling 405-417 

Additional  Tracks  near  96th  Street 419-435 

Modification  of  Arbitration  Provisions 437-454 


Board  of  Rapid  Transit  Railroad  Commissioners, 
City  of  New  York 


CONTRACT 


FOR 


Construction  and  Operation 


OF 


Rapid  Transit   Railroad 


Approved    as    to    form    this 
Nth    day    of   October,    1839 

JOHN    WHALEN 

Corporation    Counsel    of   The    City    of    New    York 


Chapter  I. — General 


Outline  of 
Contract. 


Construction 
to  be  by 
Sections. 


Agreement,  made  this  21  st  day  of  February,  1900,  between 
THE  CITY  OF  NEW  YORK,  hereinafter  called  the  City,  acting  by 
THE  BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSIONERS  FOR  THE 
CITY  OF  NEW  YORK,  hereinafter  called  the  Board,  party  of  the 
first  part,  and  JOHN  B.  MCDONALD  of  the  City  of  Xew  York 
hereinafter  called  the  Contractor,  party  -of  the  second  part. 

WHEREAS,  the  Board,  in  behalf  of  the  City,  by  due  advertise- 
ment pursuant  to  law,  of  a  notice  for  proposals,  which  is  substan- 
tially in  the  form,  hereto  annexed  and  entitled  Invitation  to 
Contractors  has  invited  contractors  to  submit  to  the  Board 
proposals  for  making  this  contract ;  and 

WHEREAS,  the  Contractor  has  thereupon  duly  submitted  to  the 
Board  a  proposal  in  the  form  hereto  annexed  and  entitled  Con- 
tractor's Proposal — 

NOW,  therefore,  in  consideration  of  the  said  Invitation 
to  Contractors  and  the  said  Contractor's  Proposal  and  of  the  mu- 
tual stipulations  and  covenants  hereinafter  contained,  and  under 
the  authority  of  chapter  4  of  the  laws  of  1891,  entitled,  "  An  Act 
"to  provide  for  Rapid  Transit  Railroads  in  Cities  of  over  one 
"million  Inhabitants,"  and  of  the  various  acts  amending  the  same, 
the  parties  hereby  do,  the  City  for  itself  and  its  successors  and  the 
Contractor  for*  himself,  his  heirs,  executors  and  administrators, 
Agree  each  "with  the  other  as  follows : 

CHAPTER  I.— GENERAL. 

The  Contractor  agrees  with  the  City  to  fully  construct  and 
equip  the  Rapid  Transit  Railroad  upon  the  Routes  and  General 
Plan  hereinafter  mentioned,  and  to  put  the  same  in  operation  and 
thereafter  to  use,  maintain  and  operate  the  same  under  a  lease 
thereof  from  the  City  for  the  term  of  fifty  years. 

The  said  railroad  is  for  the  purpose  of  this  contract  divided  into 
four  sections,  as  follows  :— 

Section  I.  shall  include  all  of  the  railroad  from  the  southern 
terminus  thereof  at  the  City  Hall  to  and  including  a  station  at 
59th  street. 

*  Here  insert,  if  a  corporation,  itself  and  its  successors;  if  a 
single  individual,  himself,  his  heirs,  executors  and  administrators; 
if  several  individuals,  themselves,  their  heirs,  executors  and  ad- 
ministrators, jointly  and  severally. 


Chapter  I. — General 

Section  II.  shall  include:  (a)  All  of  the  railroad  on  the  west 
side  north  of  such  station  at  59th  street,  to  and  including  a  station 
at  the  intersection  of  I37th  street  and  Boulevard;  and  (6)  All  of 
the  railroad  on  the  east  side  from  io3rd  street  and  Boulevard  to 
and  including  a  station  at  the  intersection  of  I35th  street  and 
Lenox  avenue. 

Section  III.  shall  include:  (a)  All  of  the  railroad  on  the  west 
side  north  of  such  station  at  I37th  street  to  and  including  a  sta- 
tion at  Fort  George;  and  (b)  All  of  the  railroad  on  the  east  side 
from  the  said  station  at  I35th  street  to  and  including  a  station  at 
Melrose  avenue. 

Section  IV.  shall  include:  (a)  All  the  railroad  on  the  west  side 
north  of  such  station  at  Fort  George;  and  (b)  All  of  the  said 
Railroad  on  the  east  side  north  of  such  station  at  Melrose  avenue. 

The  City  expects  that  the  railroad  will  be  so  constructed,  used, 
maintained  and  operated  by  the  Contractor  along  all  the  routes 
and  according  to  the  entire  General  Plan.  But  the  City  desires 
to  restrict  its  entire  pecuniary  liability  for  rapid  transit  at  any 
one  time  within  limits  which  it  deems  to  be  consistent  with  its 
other  obligations  and  interests.  The  Railroad  is,  therefore,  to  be 
constructed  and  equipped  in  sections.  The  Contractor  shall  begin 
with  Section  I.  If  and  when  thereafter  the  City  shall  so  elect  the 
Contractor  shall  construct  Section  II.  If  and  when  thereafter  the 
City  shall  so  elect  the  Contractor  shall  construct  Section  III.  If 
and  when  thereafter  the  City  shall  so  elect  the  Contractor  shall 
construct  Section  IV.  Such  elections  by  the  City  shall  be 
respectively  made  within  and  not  after  the  periods  here- 
inafter prescribed.  The  City  shall  pay  to  the  Contractor 
for  Construction  of  the  Railroad  as  follows:  If  it  shall 
consist  only  of  Section  I  then  the  sum  of  Fifteen  million 
-dollars  ($15,000,000)  ;  if  it  shall  consist  of  only  Sections  I  and 
II,  then  the  sum  of  Twenty-six  million  dollars  ($26,000,000)  ; 
if  it  shall  consist  of  only  Sections  I,  II  and  III,  then  the  sum  of 
Thirty-two  million  dollars  ($32,000,000)  ;  and  if  it  shall  include 
all  four  sections  then  the  sum  of  Thirty-five  million  dollars  ($35,- 
000,000)  ;  and,  in  addition  to  the  foregoing,  the  sum  of  One  mil- 
lion dollars  ($1,000,000)  for  terminals;  and,  further,  in  addition 
to  the  foregoing,  a  sum  for  real  estate  as  follows:  If  the  Rail- 
road shall  consist  only  of  Section  I,  the  sum  of  One  hundred  and 
seventy  thousand  dollars  ($1/0,000)  ;  if  only  of  Sections  I  and  II, 


Chapter  I. — General 


Rental  under 
Lease. 


Divisions  and 
.Construction  of 
the  Contract. 


Definitions  of 
words : 


"  City." 


the  sum  of  Three  hundred  and  seventy  thousand  dollars  ($370,- 
ooo)  ;  if  only  of  Section  T,  II  and  IJI.  the  sum  of  Four  hundred 
and  sixty  thousand  dollars  ($460,000)  ;  and,  if  the  Railroad  in- 
clude all  four  sections,  then  the  sum  of  Five  hundred  thousand  dol- 
lars ($500,000), — Provided,  however,  that  all  such  payments  shall 
be  subject  to  modification  as  hereinafter  provided. 

In  no  event  does  the  City  assume,  nor  shall  it  be  deemed  to  as- 
sume, any  liability  of  any  character  for  or  by  reason  of  Sections 
II,  III  or  IV,  or  either  of  them,  except  upon  its  successive  elec- 
tions to  construct  the  same  as  hereinafter  expressly  provided. 

The  Contractor  shall  pay  to  the  City  as  annual  rental  under  such 
lease,  the  sums  to  be  fixed  and  ascertained  in  the  manner  stated 
in  Chapter  III.  hereof. 

This  contract,  besides  this  present  Chapter  I.,  General,  includes 
hereinafter  the  following  divisions :  Chapter  II. — Agreement  for 
Construction ;  and  Chapter  III. — Agreement  for  Operation — the 
Lease. 

The  three  chapters  and  all  the  provisions  of  this  contract  are 
and  shall  be  construed  as  a  single  instrument.  But,  if,  between 
the  provisions  of  the  Agreement  for  Construction  and  the  pro- 
visions of  the  Lease,  there  shall  be  any  inconsistency  the  pro- 
visions of  the  Lease  shall  control. 

The  Contractor  shall  so  construct  and  equip  the  Railroad  as  to 
fully  and  strictly  meet  all  the  requirements  and  exigencies  of  the 
operation  thereof  as  provided  in  the  Lease.  The  respective  ob- 
ligations of  the  City  and  the  Contractor  in  or  relating  to  the  use 
or  operation  of  the  Railroad,  or  as  lessor  or  lessee  shall  be  ascer- 
tained solely  from  this  Chapter  I.,  General  (including  the  Copy  of 
the  Routes  and  General  Plan,  but  none  other  of  the  papers  ap- 
pended to  this  Contract),  and  Chapter  III.,  the  Lease. 

The  following  words  and  expressions  used  in  this  contract  shall, 
except  where  by  the  context  it  is  clear  that  another  meaning  is 
intended,  be  construed  as  follows: 

(i.)  The  word  "City"  to  mean  the  City  of  New  York,  and  any 
other  corporation  or  division  of  government  to  which  the  owner- 
ship, rights,  powers  and  privileges  of  the  City  of  New  York  or 
the  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York, 
under  the  Rapid  Transit  Act,  shall  hereafter  come,  belong  or  ap- 
pertain. 


Chapter  I. — General 

(2.)   The  word  "  Board  "  to  mean  the  Board  of  Rapid  Transit   "Board." 
Railroad  Commissioners  for  the  City  of  New  York,  and  any  other 
board,  body,  official  or  officials,  to  which  or  to  whom  the  powers 
now  belonging  to  the  said  Board  shall,  by  virtue  of  any  act  or 
acts  hereafter  pass  or  be  held  to  appertain. 

(3.)  The  word  "Contractor"  to  mean  the  party  of  the  second  "Contractor." 
part  to  this  contract,  and  his  executors,  administrators  and  as- 
signs and  any  and  every  person  or  corporation  who  or  which  shall 
at  any  time  be  liable  in  the  place  or  for  the  party  of  the  second 
part  to  perform  any  obligations  under  this  contract  assumed  by 
the  said  party  of  the  second  part.  For  convenience  the  Contractor 
is  hereinafter  spoken  of  as  if  the  Contractor  were  a  corporation. 
The  word  "it"  shall  include  "him,"  "her"  and  "them,"  and  the 
word  "its"  shall  include  "his,"  "her"  and  "their." 

(4.)  The  word  "Comptroller"  to  mean  the  Comptroller  of  the  "Comptroller." 
City  of  New  York,  and  the  officer  or  board  to  whom  or  to  which 
his  powers  now  existing  under  the  Rapid  Transit  Statute  shall 
come  to  appertain. 

(5.)  The  word  "Engineer"  to  mean  the  present  Chief  Engineer  "Engineer." 
of  the  Board  and  any  successor  or  successors  duly  appointed  or 
any  deputy  or  substitute  for  him  who  shall  be  appointed  by  the 
Board  or  by  its  authority. 

(6.)  The  word  "Railroad"  to  mean  the  section  or  sections  which  "  Railroad." 
the  Contractor  shall  be  bound  to  build,  with  all  stations  and  real 
estate  belonging  to  and  used  in  conjunction  therewith,  and  all 
appurtenances  thereto  and  all  other  property  to  be  used  thereon  or 
in  conjunction  therewith,  and  which  under  this  contract  are  to  be 
constructed  or  provided  by  the  Contractor  and  by  the  Contractor 
to  be  maintained  and  operated,  but  excepting,  however,  the  Equip- 
ment. 

(7.)  The  words  "Rapid  Transit  Statute"  to  mean  chapter  4  of  "Rapid  Transit 
the  laws  of  1891  as  amended  by  chapters  102  and  556  of  the  laws   Statute- 
of  1892,  chapters  528  and  752  of  the  laws  of  1894,  chapter  519 
of  the  laws  of  1895  and  chapter  729  of  the  laws  of  1896. 

(8.)  The  word  "Equipment"  to  mean  all  equipment  used  or  in-  "Equipment." 
tended  for  use  on  the  Railroad,  including  all  motors,  cars,  whether 


Chapter  I. — General 


"  Agreement  for 
Construction." 


'"Lease." 


"  New  York." 


"  Rental." 


"  Construction." 


"  Operation." 


"  Daily 
newsnaper.' 


used  for  passengers,  freight,  express  or  any  other  purpose,  and  all 
other  rolling  stock,  all  boilers,  engines,  wires,  ways,  conduits, 
mechanisms,  machinery,  power  houses,  all  real  estate  upon  which 
any  such  power  houses  shall  stand  or  which  shall  be  necessary  for 
the  generation  or  transmission  of  motive  power,  and  all  tools,  im- 
plements and  devices  of  every  nature  whatsoever  used  for  such 
generation  or  transmission  of  motive  power,  and  also  all  appara- 
tus and  devices  for  lighting,  signalling  and  ventilation, — "whether 
such  equipment  be  situate  on  or  near  or  separate  from  the  railway, 
provided  that  the  same  be  used  or  intended  for  use  in  connection 
therewith  or  for  any  of  its  purposes,  and  including  all  such  equip- 
ment in  existence  at  any  time  during  or  at  the  end  of  the  term  of 
ihe  Lease.  Provided,  however,  that  no  real  estate  or  rights  there- 
in or  thereon  paid  for  by  the  City  or  acquired  for  terminals,  road- 
bed, stations  or  otherwise  for  construction  of  the  Railroad  shall 
be  included  in  Equipment. 

(9.)  The  words  "Agreement  for  Construction"  to  mean  the 
provisions  of  Chapter  II.  of  this  contract  as  explained  or  modified 
by  the  provisions  of  this  chapter. 

(10.)  The  word  "Lease"  to  mean  the  provisions  of  Chapter  III. 
of  this  contract  as  modified  or  explained  by  the  provisions  of  this 
chapter. 

(u.)  The  words  "New  York"  to  mean  the  City  of  New  York 
according  to  its  boundaries  at  the  date  of  this  contract. 

(12.)  The  word  "Rental"  to  mean  all  the  payments  to  be  made 
by  the  Contractor  to  the  City  as  provided  in  the  Lease,  whether 
being  the  equivalent  of  interest  or  otherwise. 

(13.)  The  word  ''Construction"  to  mean  all  the  work  of  con- 
structing the  Railroad,  including  the  doing  of  work,  the  providing 
of  materials,  the  complete  furnishing  of  the  equipment  of  the  Rail- 
road, the  restoration  and  reconstruction  of  street  surfaces,  sewers 
and  other  sub-surface  structures,  and  all  other  work  or  materials 
to  be  done  or  furnished  of  every  nature  whatsoever  under  the 
Agreement  for  Construction. 

(14.)  The  word  "Operation"  to  mean  operating  and  maintain- 
ing the  Railroad  according  to  the  provisions  of  the  Lease. 

(15.)  The  words  "daily  newspaper"  to  mean  any  paper  regu- 
larly published  in  the  City  of  New  York  on  every  day  or  every  day 
except  Sundays  and  holidays. 


Chapter  I. — General 

(16.)  The  word  "notice"  to  mean  a  written  notice.  Every  "Notice." 
such  notice  to  be  served  upon  the  Contractor,  or  upon  any  surety 
if  net  delivered  personally,  shall  either  be  delivered  at  such  office 
in  the  City  of  New  York  as  shall  have  been  designated  by  the 
Contractor  or  surety,  or  shall  be  mailed  by  deposit  in  the  general 
postoffice  in  the  City  of  New  York,  postage  prepaid,  addressed 
to  the  office  so  designated,  or  to  such  office  as  the  Contractor  shall 
designate  by  written  notice  delivered  to  the  Board,  or  if  no  such 
office  shall  have  been  designated,  or  if  such  designation  shall  have 
for  any  reason  become  inoperative,  then  addressed  to  the  person  or 
corporation  intended  at  the  City  of  New  York.  Such  delivery  or 
mailing  shall  be  equivalent  to  direct  personal  notice. 

The  contract  is  made  pursuant  to  the  Rapid  Transit  Statute  Statutes  incor- 
which  is  to  be  deemed  a  part  hereof  as  if  it  were  incorporated  in  P°rated  herein, 
every  chapter  hereof. 

Simultaneously  with  the  execution  of  this  contract  the  Con-  Security  by 
tractor  shall  give  security  for  the  performance  of  its  obligations  Contractor. 
both  under  the  Agreement  for  Construction  and  under  the  Lease 
as  follows: 

I. — For  Construction: 

A. — By  depositing  with  the  Comptroller  the  sum  of  One  million  Deposit  of 
dollars  ($1,000,000)  in  cash.  $1,000,000. 

The  City  shall  collect  all  interest,  dividends  or  other  income  on 
the  cash  or  securities  so  held  or  deposited. 

The  said  deposit  "whether  in  cash  or  securities,  in  the  form  and 
as  the  same  shall  at  any  time  be,  shall  be  security  for  the  faithful 
performance  by  the  Contractor  of  all  the  covenants,  conditions 
and  requirements  specified  and  provided  for  in  the  Agreement  for 
Construction.  '  In  case  of  any  default  on  the  part  of  the  Contractor 
in  such  performance,  and  in  t.he  further  case  that  the  City  shall  for 
or  by  reason  of  such  failure,  whether  by  reason  of  employment  of 
another  contractor  or  contractors  or  otherwise,  incur  or  become 
liable  for  expense  through  such  default  as  in  the  Agreement  for 
Construction  provided,  then  the  Comptroller  shall  forthwith  pay 
and  apply  to  the  use  of  the  city  from  such  deposit  of  $1,000,000,  or 
from  the  portion  of  the  deposit  remaining  at  the  time,  the  amount 
of  such  expense. 

The  Comptroller  may,  in  order  to  make  such  payment  and  ap- 
plication to  the  use  of  the  City,  sell  at  public  auction  in  the  City 
of  New  York  any  of  the  securities  which  may  then  constitute  part 


Chapter  I. — General 

of  such  deposit  upon  notice  to  be  published  in  four  (4)  daily  news- 
papers, the  first  publication  to  be  as  much  as  ten  (10)  days  before 
the  sale  and  such  publication  to  be  made  three  (3)  times  within 
such  ten  days.  The  Comptroller  shall,  from  the  proceeds  of  any 
such  sale,  deduct  all  expenses  thereof  and  of  such  advertisement, 
and  shall  pay  and  apply  to  the  use  of  the  City  so  much  of  the  resi- 
due as  may  be  necessary  for  the  purpose  aforesaid.  And  the  Con- 
tractor within  ten  (10)  days  after  notice  from  the  Board  so  to  do 
shall  thereupon  by  further  deposit  of  money  or  securities  of  the 
character  aforesaid  approved  by  the  Board  restore  the  said  deposit 
with  the  Comptroller  to  the  full  amount  and  value  of  One  million 
dollars  ($1,000,000).  In  addition  to,  or  in  lieu  of,  the  sale  above 
provided  for,  the  Board  may,  in  the  name  of  and  in  behalf  of  the 
City  bring  any  appropriate  suit  or  proceeding  in  any  proper  Court 
to  enforce  the  lien  and  claim  of  the  City  in  and  upon  the  said  de- 
posit, whether  such  deposit  be  in  money  or  securities. 

If  at  any  time  when  the  Contractor  shall  otherwise  be  entitled 
to  a  return  of  the  said  deposit,  as  hereinafter  provided  there  shall 
be  pending  any  claim  for  damages  or  loss  caused  to  others  by  the 
negligence,  fault,  or  default  of  the  Contractor,  for  which  it  shall 
be  claimed  that  the  City  shall  be  liable,  then  and  in  that  case  the 
said  deposit,  or  such  part  thereof  as  the  Board  shall  fix,  shall,  upon 
the  requirements  of  the  Board,  be  reserved  by  the  Comptroller  for 
a  reasonable  time  as  security  to  the  City  against  such  claims.  And 
the  amount  of  any  such  damages  or  costs  paid  by  the  City  to  others 
or  for  which  the  City  shall  be  liable  to  others,  shall  be  deducted 
from  the  said  deposit  before  the  same  shall  be  returned  to  the 
Contractor  as  hereinafter  provided. 

When  the  Contractor  shall  have  fully  completed  the  Construc- 
tion and  Equipment  of  the  Railroad  according  to  the  terms  of  this 
contract,  and  the  operation  of  the  same  shall  have  begun  pursuant 
to  this  contract,  the  Board  shall  so  certify,  and  upon  such  certifi- 
cate, the  Comptroller  shall  pay  and  deliver  to  the  Contractor  the 
said  deposit,  or  so  much  thereof  as  shall  not  have  been  reserved 
or  used  or  applied  for  any  of  the  purposes  above  mentioned  and 
the  Contractor  shall  also  then  be  entitled  to  be  credited  upon  the 
Rental  with  a  sum  which  shall  be  equal,  as  the  case  may  be,  either 
to  the  interest  on  the  said  deposit  (if  made  in  cash)  from  the  time 
of  such  deposit  at  the  rate  of  interest  provided  for  in  the  bonds 
\vhich  shall  have  been  issued  and  sold  by  the  City  to  provide  for 

8 


Chapter  I. — General 

the  construction  of  the  Railroad,  or  to  the  interest,  dividends  or 
other  income  which  the  City  shall  have  received  from  the  said 
securities.  If,  however,  any  of  the  cash  so  deposited  shall  have 
been  used  or  applied  for  any  of  the  purposes  above  mentioned 
then  the  Contractor  shall  not  be  entitled  to  credit  for  interest  on 
the  amount  of  cash  so  applied  from  the  time  of  such  application. 

B. — By  filing  with  the  Comptroller  a  bond  executed  by  the  Con- 
tractor and  by  two  or  more  sureties  to  be  corporations  or  persons 
approved  by  the  Board  in  the  sum  of  Five  million  dollars  ($5r 
000,000),  the  said  bond  to  be  substantially  in  the  form  hereto  an- 
nexed and  entitled  Bond  for  Construction  and  Equipment. 
Every  surety  upon  such  bond  shall  be  bound  for  at  least  Five 
hundred  thousand  dollars  ($500,000)  of  the  penalty  and  justify 
in  double  the  amount  for  which  such  surety  shall  be  bound. 

//. — For  Rental  and  also  for  Construction:    By  filing  with  the  Bond. 
Comptroller,  a  bond  executed  by  the  Contractor  and  by  sureties 
approved  by  the  Board, — in  the  sum  of  One  million  dollars  ($i,- 
XDOO.OOO),  the  said  bond  to  be  substantially  in  the  form  hereto  an- 
nexed and  entitled  Continuing  Bond. 

In  case  any  of  the  sureties  upon  either  the  Bond  for  Construc- 
tion and  Equipment  or  the  Continuing  Bond  shall  become  insol- 
vent or  unable  in  the  opinion  of  the  Board  promptly  to  pay  the 
amount  of  such  bond  to  the  extent  of  which  such  surety  might  be 
liable,  then  the  Contractor  within  thirty  days  after  notice  by  the 
Board  to  the  Contractor  shall,  by  supplemental  bond  or  otherwise, 
substitute  another  and  sufficient  surety  to  be  approved  by  the 
Board  in  place  of  the  surety  so  insolvent  or  unable.  If  the  Con- 
tractor shall  fail,  within  such  thirty  days  or  such  further  time  as 
the  Board  may  grant,  to  so  substitute  another  and  sufficient  surety, 
then  the  Contractor  shall,  for  all  the  purposes  of  this  contract,  be 
deemed  to  be  in  default  in  the  performance  of  its  obligations  here- 
under,  and  the  Board  may  terminate  the  contract  or  may  bring  any 
proper  suit  or  proceeding  against  the  Contractor  or  the  sureties, 
or  either  of  them,  or  may  require  to  be  deducted  from  any  moneys 
then  in  or  thereafter  coming  into  the  hands,  of  the  City  and  due 
to  the  Contractor  the  amount  for  which  the  surety  insolvent  or 
unable  as  aforesaid  shall  have  justified  on  said  bond;  and  the 
moneys  so  deducted  shall  be  held  by  the  Comptroller  as  collateral 
security  for  the  performance  of  the  conditions  of  the  said  bond. 


Chapter  I. — General 


City's  Lien  on 
Equipment. 


Remedies. 


On  Contractor's 
default  in  Con- 
struction or 
Equipment, — 
City  may 
complete  in 
behalf  of  Con- 
tractor and  hold 
Contractor 
liable; 


The  City  shall  also  have  a  first  lien  upon  the  Equipment  as 
further  security  for  the  faithful  performance  by  the  Contractor 
of  the  covenants,  conditions  and  agreements  of  this  contract  on 
its  part  to  be  fulfilled  and  performed.  Such  lien  shall  arise  im- 
mediately upon  the  acquisition  by  the  Contractor  of  any  part  of 
the  Equipment  for  use  on  or  in  connection  with  the  Railroad  or 
any  part  of  it,  or  intended  for  such  use,  whether  or  not  such 
equipment  be  set  up  or  delivered  upon  or  at  the  railway.  The 
Board  may  from  time  to  time,  by  concurrent  vote  of  six  (6) 
members  thereof,  relieve  from  such  lien  any  of  the  property  to 
which  the  same  may  attach  upon  the  provision  of  additional  prop- 
erty equivalent  in  value  and  in  the  convenience  and  certainty  with 
which  the  lien  thereon  is  enforceable  to  the  property  which  it  is 
proposed  to  release,  and  upon  such  terms  as  to  the  Board,  by  such 
concurrent  vote,  shall  seem  just. 

In  case  of  default  by  the  Contractor  the  City  shall  have  the  fol- 
lowing remedies: 

I. — In  case  the  Contractor  shall  fail  to  complete  the  Construc- 
tion or  Equipment  of  the  Railroad,  or  shall  at  any  time  fail  to 
proceed  with  such  Construction  or  Equipment  with  reasonable 
diligence,  or  so  that  it  shall  not  be  reasonably  probable  that  the 
same  will  be  completed  and  equipped  within  the  period  herein 
prescribed  therefor,  then  and  in  any  such  case  the  Board  upon  a 
notice  to  the  Contractor  of  not  less  than  ten  days  may — 

(j)  By  resolution  declare  the  Contractor  to  be  in  default;  and 
the  City  by  the  Board  in  addition  to  every,  or  in  substitution  for 
any  other,  remedy  which  it  may  have  by  law  or  hereunder,  may 
forthwith,  so  far  as  the  City  may  now  have  or  may  hereafter  se- 
cure statutory  power,  procure  by  contract  or  otherwise,  the  com- 
pletion of  such  Construction  and  Equipment ;  and  the  City  may  to 
the  extent  of  the  cost  of  such  completion  of  the  Construction  and 
Equipment  and  interest  thereon  withhold  and  apply  thereon  any 
moneys  otherwise  due  or  to  become  due  by  the  City  to  the  Con- 
tractor, and  the  Contractor  shall  be  liable  to  the  City  and  shall 
forthwith  pay  to  the  City  the  excess,  if  any,  of  the  cost  to  the  City 
of  the  completion  of  such  Construction  and  Equipment  over  the 
amount  payable  to  the  Contractor  therefor  under  the  terms  of 
this  contract.  And  such  completion  by  the  City  shall  not  release 
or  discharge  the  Contractor  from  liability  for  Rental,  or  any  other 
liability  hereunder.  Or 


10 


Chapter  I. — General 

(2}  By  resolution  declare  this  contract  at  an  end  except  as  to  Or  make  new 
the  liability  of  the  Contractor  hereinafter  in  this  paragraph  pro-  Contract, 
vided,  and  may  make  a  new  contract  for  Construction  and  Equip- 
ment, upon  advertisement  of  a  new  invitation  to  contractors,  upon 
such  terms  as  the  Board  may  deem  proper;  the  same  to  provide 
among  other  things  that  the  new  contractor  shall  allow  for  so 
much  of  Construction  and  Equipment  as  has  been  already  com- 
pleted, such  reasonable  amount  as  the  Board  may  deem  proper; 
and  in  such  case  the  Contractor  shall  pay  the  City  all  damage 
which  the  City  shall  sustain  by  reason  of  such  failure,  including 
the  excess,  if  any,  of  the  amount  which  the  City  shall  pay  the  new 
contractor  over  the  amount  it  would  have  had  to  pay  the  Con- 
tractor, party  hereto,  for  the  same  work  or  materials,  and  without 
deduction  therefrom  because  of  any  increase  of  rental  which  the 
City  may  secure  from  the  new  contractor.  Or 

(j)  The  City  may  proceed  as  to  the  Board  shall  seem  proper  or  proceed  upon 
upon  the  Bond  for  Construction  and  Equipment.  Bond  of  Constn. 

II. — In  case  of  default  of  the  Contractor  in  paying  the  Rental  On  default  in 
herein  provided  or  in  case  of  the  failure  or  neglect  of  the  Con-  ^JJherw 
tractor  faithfully  to  observe,  keep  or  fulfill  any  of  the  conditions,  hereunder, — 
obligations  and  requirements  of  this  contract,  the  City,  by  the 
Board,  may: 

(i)  After  notice  to  the  Contractor  of  at  least  ten  days,  take  City  may 
possession  of  the  Railroad  and  Equipment,  and,  as  the  agent  of  take  possession, 
the  Contractor,  either — 

(a)  Maintain  and  operate  the  Railroad  and  use  thereon  the  and,  as  agent 
Equipment  (without  commencing  any  proceeding  for  the  enforce-  of  tn^  Contractor, 
ment  of  its  lien  thereon)  for  the  full  unexpired  term  of  the  Lease   road, 

or  such  shorter  period  as  the  Board  may  determine ;  or 

(b)  Enter  into  a  contract  with  some  other  person,  firm  or  cor-  or  make  a 
poration  for  the  maintenance  and  operation  of  the  Railroad  and  sub-contract; 
use  of  the  equipment,  retaining  out  of  the  proceeds  of  such  oper- 
ation after  the  payment  of  the  necessary  expenses  of  operation, 
maintenance  and  use,  the  said  annual  rental  and  paying  over  the 

balance,  if  such  there  be,  to  the  Contractor ;  and  if  the  proceeds  of 
the  Operation  of  the  Railroad  after  the  payment  of  the  necessary 
expenses  of  operation  and  maintenance,  including  the  keeping  in 
repair  of  the  rolling  stock  and  rest  of  the  Equipment,  shall  in  any 
year  be  less  than  the  annual  rental,  then  and  in  every  such  case, 
the  Contractor  and  its  bondsmen  on  the  Continuing  Bond  shall 

ir 


Chapter  I. — General 


or  may  terminate 
contract ; 


or  may  sue  or 
enforce  L,ien  on 
Equipment ; 


or  use  Remedies 
of  Landlord; 


Enforcement  of 
lien  on  Equipment ; 


On  any  failure  of 
Contractor, — 


Board  may  for- 
feit Contract 
and  sue; 


or  make  new 
Lease, 


be  and  continue  jointly  and  Severally  liable  to  the  City  for  the 
amount  of  such .  deficiency  until  the  end  of  tne  full  term  for  which 
tne  Lease  was  originally  made.  Or 

(2)  The  City  may  upon  reasonable  notice  to  the  Contractor, 
and  after  reasonable  notice  to  the  Contractor  to  make  good  the 
default,  terminate  this  contract;  and  in  such  case  the  Contractor 
shall  be. liable  to  the  City  for  all  damage  by  reason  of  such  default. 
Or 

(3)  The  City  may  by  the  Board  or  otherwise,  bring  such  suit 
or  proceeding  as  it  may  deem  proper,  to  enforce  its  lien  upon  the 
Equipment  or  for  any  other  purpose.     Or 

(4)  The  City  may  avail  itself  of  any  or  all  of  the  remedies 
hereinbefore  provided,  which  arc  not  inconsistent  with  one  another 
or  of  any  other  remedy  provided  by  law  in  the  case  of  landlord 
and  tenant. 

In  case  the  City  shall  become  entitled  to  enforce  its  lien  against 
the  Equipment,  then,  at  the  time  of  beginning  any  suit  or  proceed- 
ing for  the  enforcement  of  such  lien,  whether  by  foreclosure  or 
otherwise,  or  at  any  time  thereafter,  the  City  shall  be  entitled 
forthwith  to  enter  into  and  take  summary  and  complete  possession 
of  the  Equipment,  or  any  part  thereof,  it  being  the  express  inten- 
tion of  the  Contract  that  upon  any  default  by  the  Contractor  in 
Construction,  Equipment  or  Operation  the  City  shall  have  the 
right  forthwith  to  operate  the  Railroad  so  far  as  is  then  practi- 
cable (if  at  all),  and  to  that  end  to  have  complete  and  immediate 
possession  of  all  Equipment  and  of  all  other  things  necessary  or 
convenient,  or  which  may  thereafter  be  necessary  or  convenient, 
for  the  operation  of  the  Railroad,  which  shall  belong  to  the  City 
or  upon  which  the  City  shall  have  a  lien  as  aforesaid. 

III. — If  the  Contractor  shall  fail  to  construct  or  operate  the 
Railroad  according  to  the  terms  hereof  and  shall,  after  due  notice 
of  its  default,  omit  for  more  than  a  reasonable  time  to  comply 
with  the  provisions  hereof,  the  Board  (i)  may  by  notice  to  the 
Contractor  forfeit  and  vacate  all  the  rights  of  the  Contractor  under 
this  contract  and  may  bring  in  the  name  and  behalf  of  the  City 
an  action  or  actions  to  declare  and  establish  such  forfeiture  and 
vacation  and  for  damages  or  otherwise  as  may  be  necessary  for 
the  sufficient  and  just  protection  of  the  rights  of  the  City;  or  (2) 
may,  upon  such  terms  as  to  the  Board  seem  just  and  with  such 
person  or  corporation  as  to  the  Board  may  seem  proper,  make 


12 


Chapter  I. — General 

another  operating  contract  and  lease  of  the  Railroad  for  the  resi- 
due of  the  term  of  the  Contractor  in  default,  including  in  such 
contract  and  lease,  a  provision  as  to  a  transfer  or  lease  to  the  new 
contractor  of  the  lien  and  any  other  interest  of  the  City  on  and 
in  the  Equipment,  and  may  bring  action  in  the  name  and  on  behalf  and  bring  Suit. 
of  the  City  to  recover  from  the -Contractor  the  amounts  which  by 
this  Contract  the  Contractor  agrees  to  pay  the  City  for  Rental  or 
othenvise  due  from  the  Contractor,  less  the  amount  which  shall 
have  been  received  under  and  by  virtue  of  such  new  contract  and 
for  all  other  damages  which  may  have  been  sustained  by  the  City 
by  reason  of  such  default  without  allowance  to  the  Contractor  for 
any  advantage  to  the  City  by  increase  of  Rental. 

The  City  hereby  stipulates  and  covenants  to  and  with  the  Con-  City's   Assurances 
tractor  that  the  City  will  secure  and  assure  to  the  Contractor  so  £}  j^^te 
long  as  the  Contractor  shall  perform  the  stipulations  of  this  con-   struct  and 
tract,  the  right  to  construct  and  to  operate  the  Railroad  as  pre-  °Perate- 
scribed  in  this  contract  free  of  all  right,  claim  or  other  interference 
whether  by  injunction,  suit  for  damages  or  otherwise  on  the  part 
of  any  abutting  owner  or  other  person;  but  the  Contractor  shall 
enforce  its  rights  against  the  City  under  this  provision  solely  by 
claim  for  money,  and  shall  have  no  right  to  set  up  any  failure  or 
default  on  the  part  of  the  City  to  perform  or  satisfy  this  stipula- 
tion or  covenant  in  defense,  or  by  way  of  exculpation  or  any  ex- 
cuse whatsoever  (otherwise  than  as  a  claim  or  counter-claim  for 
money)  of  the  Contractor  for  any  default  or  failure  of  any  char- 
acter whatsoever  on  its  part,  except  that  nothing  herein  contained 
shall  be  construed  to  require  the  Contractor  to  do  any  act  in  vio- 
lation of  a  valid  injunction  issued  by  a  Court  of  competent  juris- 
diction forbidding  such  act. 

The  routes  and  general  plan  for  the  Railroad  adopted  by  the  Routes  and 
Board  by  its  resolution  of  itfh  January  and  4th  February,  1897,  Scorpola^ed"  in 
and  heretofore  approved  by  the  authorities  of  the  City  and  by  this  Contract. 
the  Appellate  Division  of  the  Supreme  Court  shall  be  deemed  to 
be  incorporated  into  this  contract  as  a  partial  description  of  the 
Railroad  and   Equipment.     For  convenience   a  copy  thereof  is 
hereto  appended,   entitled   Copy  of  the  Routes  and   General 
Plan. 

The  railway  and  its  equipment  as  contemplated  by  the  contract  Beauty  of 
constitute  a  great  public  work.     All  parts  of  the  structure  where 
exposed  to  public  sight  shall,  therefore,  be  designed,  constructed 

13 


Chapter  I. — General 


Contractor  to 
afford   Facilities 
to  Board. 


Changes  in  the 
Contract. 


Members  of 
Board  not  liable. 


Contractor  not 
taxable  on 
Interest  hereun- 
der  or   on  Equip- 
ment. 


Contract   when 
assignable. 

Provision  in 
case  Board 


City  Officials   not 
to  be  interested. 


and  maintained  "with  a  view  to  the  beauty  of  their  appearance,  as 
well  as  to  their  efficiency. 

If  under  any  provision  of  this  Contract  the  Board  or  the  City 
shall  be  entitled  by  reason  of  any  failure  of  the  Contractor  to  do 
or  have  done  any  work  upon  or  in  relation  to  the  Railroad  or 
Equipment,  then  the  Contractor .  shall  afford  to  the  Board  or  the 
City  all  facilities  for  doing-  such  work,  and  the  representatives  of 
the  Board  or  the  City  shall  be  at  liberty  at  any  time  for  such  pur- 
pose to  enter  upon  any  part  of  the  premises. 

No  correction  or  change  in  this  contract  shall  be  made,  except 
by  written  instrument  duly  authorized  by  the  Board,  and  con- 
sented to  by  the  Contractor  and  its  sureties  upon  the  bonds  given 
hereunder  and  then  in  force. 

No  claim  shall  be  made  by  the  Contractor  against  any  member 
of  the  Board  personally  by  reason  of  this  contract  or  of  any  of  its 
articles  or  provisions. 

The  Contractor  shall  be  exempt  from  taxation  under  the  laws  of 
the  State  of  New  York  in  respect  to  its  interest  in  the  Railroad 
under  the  contract  and  in  respect  to  the  rolling  stock  and  all  other 
Equipment  of  the  Railroad  in  the  manner  and  to  the  extent  pro- 
vided in  the  Rapid  Transit  Statute. 

This  contract  shall  not  be  assigned  without  the  written  consent 
of  the  Board  concurred  in  by  all  the  members  thereof. 

In  case  the  Board  shall  cease  to  exist  the  legislature  may  pro- 
vide what  public  officer  or  officers  of  the  City  of  New  York  shall 
exercise  the  powers  and  duties  of  the  Board  under  and  by  virtue 
of  this  contract;  and  in  default  of  such  provision,  such  powers 
and  duties  shall  be  deemed  to  be  vested  in  the  mayor  of  the  City. 
In  case  any  officer  or  officers  other  than  the  Board  shall  hereafter 
have  the  powers  of  the  Board  or  any  of  them,  then  the  provisions 
of  this  contract  shall  be  applicable  to  such  officer  or  officers  to  the 
extent  to  which  the  powers  of  the  Board  shall  appertain  to  such 
officer  or  officers,  and  any  official  act  or  determination  of  such 
officer  or  officers  or  of  this  Board  shall  be  sufficient  hereunder, 
anything  herein  to  the  contrary  notwithstanding,  if  the  same  be 
done  or  had  by  lawful  vote  or  resolution  or  in  such  manner  as  the 
legislature  may  from  time  to  time  prescribe. 

If  any  member  of  the  Board  or  any  member  of  the  municipal 
assembly  of  the  City  of  New  York  or  any  head  of  a  department, 
chief  of  bureau,  deputy  thereof  or  clerk  therein  or  any  officer  of 
any  grade  or  description  of  the  City  or  any  person  in  the  employ 


Chapter  I. — General 

of  the  Board  is  directly,  indirectly,  actually  or  contingently  inter- 
ested with  the  Contractor,  and  to  its  knowledge,  in  any  profit  or 
advantage  hereunder,  or  in  any  supplies  or  work  for  or  under  this 
contract  or  for  or  under  any  portion  of  this  work,  then  the  Board 
may,  by  notice  to  the  Contractor,  vacate  and  terminate  the  con- 
tract. And  in  such  case  the  Contractor  shall  be  entitled  to  recover 
for  work  which  shall  then  have  been  done  no  more  than  the 
amount  payable  hereunder  at  the  time  according  to  the  terms  of 
this  contract,  or  than  the  fair  and  reasonable  value  thereof. 

The  provisions  of  the  Labor  Law,  chap.  415  of  the  laws  of  1897  Labor  Law  to  be 
and  the  laws  amendatory  thereof  are,  so  far  as  applicable,  made  observed, 
part  of  this  contract.  If  the  provisions  of  Section  13  of  the  said 
ac-t  are  not  complied  with  by  the  Contractor,  the  contract  shall  be 
void.  All  worked,  dressed  and  carved  stone,  excepting  paving 
blocks  or  crushed  stone,  authorized  or  required  by  or  under  this 
contract,  shall  be  so  worked,  dressed  or  carved  within  the  boun- 
daries of  this  Si-ate  as  required  by  Section  14  of  the  said  law. 
Section  3  of  the  said  law  as  now  amended  is  hereby  made  part  of 
this  contract.  No  laborer,  workman  or  mechanic  in  the  employ 
of  the  Contractor  or  of  any  subcontractor  or  any  person  doing  or 
contracting  to  do  the  whole  or  a  part  of  the  work  contemplated 
by  this  contract,  shall  be  permitted  or  required  to  work  more  than 
eight  hours  in  any  one  calendar  day  except  in  cases  of  extraor- 
dinary emergency  caused  by  fire,  flood  or  danger  to  life  or  prop- 
erty. Each  laborer,  workman  or  mechanic  employed  by  such 
contractor,  subcontractor  or  by  such  other  person  on  or  upon  such 
work  or  upon  any  material  to  be  used  upon  or  in  connection  there- 
with shall  receive  the  wages  provided  for  in  the  said  section  of 
the  said  act  and  the  same  shall  not  be  less  than  the  prevailing  rate 
for  a  day's  work  in  the  same  trade  or  occupation  in  the  locality 
where  such  work  on,  by  or  in  connection  with  which  such  labor 
is  performed  in  its  final  or  completed  form  is  to  be  situated, 
erected  or  used.  This  contract  shall  be  void  and  of  no  effect  un- 
less the  person  or  corporation  making  or  performing  the  same  shall 
comply  with  the  provisions  of  the  said  Section  3. 

It  is  the  understanding  of  the  parties  to  this  agreement  that   All  necessary 

each  and  every  provision  of  law  required  to  be  inserted  in  this   Jfgal  Pr9vlslons 
.     . "  deemed  inserted 

agreement  is  inserted  herein.     Furthermore  it  is  hereby  stipulated    herein. 

that  every  such  provision  is  to  be  deemed  to  be  inserted  herein  ; 
and  if,  through  mistake  or  otherwise,  any  such  provision  is  not  in- 

15 


Chapter  II. — Agreement  for  Construction 


Marginal 
notes,  etc. 


Work  to  be 
done. 


Construction  by 
Sections. 


sefted  in  correct  form,  then  the  contract  shall  forthwith,  upon  the 
application  of  either  party,  be  amended  by  such  insertion  so  as  to 
strictly  comply  with  the  law,  and  without  prejudice  to  the  rights 
of  either  party  hereunder. 

Titles,  headings  and  marginal  notes  are  herein  printed  merely 
for  convenience  and  shall  not  be  deemed  to  be  any  part  of  this 
contract  for  any  purpose  whatever. 

CHAPTER  II.— AGREEMENT  FOR  CONSTRUCTION. 

The  Contractor  will  at  his  own  cost  and  expense,  and  in 
strict  conformity  with  the  specifications  hereinafter  contained 
and  called  the  Specifications,  and  also  in  strict  conformity  with 
all  the  provisions  of  this  contract,  whether  included  in  the 
specifications  or  not,  furnish  all  the  materials  and  labor  neces- 
sary and  proper  for  the  purpose,  and,  in  a  good,  substantial 
and  workmanlike  manner,  construct  the  Railroad,  including 
therein  the  stations,  side-tracks,  switches,  cross-overs,  terminal 
yards  and  all  other  appurtenances  complete  and  ready  for 
Operation,  and  including  also  all  necessary  construction  of 
sewers  along  or  off  the  route  of  the  Railroad,  all  necessary 
readjustment  of  the  mains,  pipes,  tubes,  conduits,  subways  or 
other  sub-surface  structures,  the  support  and  care,  including 
underpinning  wherever  necessary,  of  all  buildings  of  whatso- 
ever nature,  monuments,  elevated  and  surface  railways  affected 
by  or  interfered  with  during  the  construction  of  the  Railroad 
and  the  reconstruction  of  street  pavements  and  surfaces,  and 
do  all  the  work  and  supply  all  the  materials  necessary  to  con- 
struct and  equip  the  Railroad  in  complete  working  order  fully 
and  finally  ready  for  actual  operation  in  the  carriage  of  passen- 
gers and  otherwise  as  hereinafter  specified.  Such  construc- 
tion of  sewers,  readjustment  of  mains,  pipes,  tubes,  conduits, 
subways  or  other  sub-surface  structures,  and  such  support, 
care  and  underpinning  of  buildings,  monuments  and  railways 
are  and  are  to  be  deemed  to  be  essential  parts  of  the  Construc- 
tion of  the  Railroad. 

The  Contractor  shall  provide  a  complete  Equipment  of  the 
Railroad  according  to  definition  of  Equipment  aforesaid  and 
according  to  the  Specifications  hereinafter  contained. 

The  Railroad  shall,  so  far  as  concerns  the  rights  and  obliga- 
tions of  the  parties  under  this  contract,  be  deemed  to  include 


16 


Chapter  II. — Agreement  for  Construction 

only  Section  I,  unless  and  until  the  City  shall  determine  that 
the  Railroad  shall  also  include  Section  II.  After  such  elec- 
tion by  the  City  the  Railroad  shall,  so  far  as  concerns  such 
rights  and  obligations  be  deemed  to  include  only  Sections  I 
and  II  unless  and  until  the  City  shall  determine  that  the  Rail- 
road shall  also  include  Section  III.  After  such  last  men- 
tioned election  the  Railroad  shall,  so  far  as  concerns  such 
rights  and  obligations,  be  deemed  to  include  only  Sections  I, 
II  and  III  unless  and  until  the  City  shall  determine  that  the 
Railroad  shall  also  include  Section  IV,  whereupon  the  Rail- 
road shall  be  deemed  to  include  all  four  sections.  Every  such 
determination  by  the  City  shall  be  made  by  written  notice  by 
the  Board  to  the  Contractor.  Such  notice  shall  be  given  with 
respect  to  Section  II  on  or  before  a  date  not  later  than  one 
year  after  the  Contractor  shall  begin  work  upon  Section  I,  and 
with  respect  to  Section  III  on  or  before  a  date  not  later  than 
two  years  after  the  Contractor  shall  begin  work  on  Section  I, 
and  with  respect  to  Section  IV  on  or  before  a  date  not  later 
than  three  years  after  the  Contractor  shall  begin  work  on  Sec- 
tion I,  Provided,  however,  that  such  periods  shall  be  respec- 
tively extended  by  the  time  or  times  during  which  by  injunc- 
tion or  other  legal  obstruction  the  Board  shall  be  delayed  in 
giving  the  notice. 

The  City  shall  pay,  and  the  Contractor  shall  receive  for  the  price 
Construction  of  the  Railroad  sums  of  money  as  follows:  If 
the  Railroad  shall  consist  only  of  Section  I,  then  the  sum  of 
Fifteen  million  Dollars  ($15,000,000)  ;  or  if  the  Railroad  shall 
consist  only  of  Sections  I  and  II,  the  sum  of  Twenty-six  mil- 
lion Dollars  ($26,000,000)  ;  or  if  the  Railroad  shall  consist  only 
of  Sections  I,  II  and  III,  then  the  sum  of  Thirty-two  million 
Dollars  ($32,000,000)  ;  of  if  the  Railroad  shall  consist  of  Sec- 
tions I,  II,  III  and  IV,  then  the  sum  of  Thirty-five  million 
Dollars  ($35,000,000),  Provided,  however,  that  such  payments 
shall  be  subject  to  modification  and  the  conditions  herein  pre- 
scribed. The  City  shall  also  pay  and  the  Contractor  shall  also 
receive  for  the  Construction  of  the  Railroad  the  sum  of  One 
Million  Dollars  ($1,000,000)  for  terminals,  subject  to  modifica- 
tion as  herein  provided.  The  City  shall  also  pay  and  the  Con- 
tractor shall  also  receive  for  the  construction  of  the  Railroad 
a  sum  of  money  for  real  estate  as  follows :  If  the  Railroad 

17 


Chapter  II. — Agreement  for  Cotistruciion 


Right  of  Board 
to  amplify  Plans, 
to  require  extra 
Work,.  &c. 


No  acceptance 
to  obviate  the 
Necessity   for 
sound  Work,  &c. 

Inspection. 


shall  include  only  Section  I,  then  the  sum  of  One  hundred  and 
seventy  thousand  Dollars  ($170,000)  ;  if  the  Railroad  shall  in- 
clude only  Sections  I  and  II,  then  the  sum  of  Three  hundred 
and  seventy  thousand  Dollars  ($370,000)  ;  if  the  Railroad  shall 
include  only  Sections  I,  II  and  III  then  the  sum  of  Four  hun- 
dred and  sixty  thousand  Dollars  ($460,000)  ;  if  the  Railroad 
shall  include  Sections  I,  II,  III  and.  IV,  then  the  sum  of  Five 
hundred  thousand  Dollars  ($500,000).  The  said  sums  so  to 
be  paid  do  not  include  the  cost  of  Equipment,  but  do  include 
a  consideration  satisfactory  to  the  Contractor  for  its  obliga- 
tion to  provide  the  Equipment  which,  when  provided,  shall  be 
the  property  of  the  Contractor,  subject  to  the  first  lien  of  the 
City,  as  provided  in  Chapter  I  of  this  contract. 

The  Board  shall  have  the  right,  during  the  progress  of  the  work, 
to  amplify  the  plans,  to  add  explanatory  specifications  and  to 
furnish  additional  specifications  and  drawings  within  the  limits 
of  the  general  purview  of  the  work.  The  Board  shall  also 
have  the  right  for  any  section  of  the  Railroad  to  require  addi- 
tional work  to  be  done  or  additional  materials  to  be  furnished, 
or  both,  within  the  general  purview  of  a  rapid  transit  railroad 
as  described  in  the  Copy  of  the  Routes  and  General  Plan  here- 
to appended  or  to  require  work  or  materials  herein  specified  or 
provided  for  to  be  omitted.  If  such  additional  work  or  ma- 
terials shall  be  required,  then  the  reasonable  value  thereof  shall 
be  additionally  paid  to  the  Contractor.  If  work  or  materials 
herein  specified  or  provided  for  shall  be  required  to  be  omitted, 
then  a  -reasonable  deduction  shall  be  made  in  the  manner  here- 
inafter provided  from  the  amount  to  be  paid  to  the  Contractor 
for  construction,  Provided,  however,  that  the  amount  of  work 
and  materials  called  for  by  this  contract  upon  any  Section  shall 
not  be  diminished  without  the  consent  of  the  Contractor  so  as 
substantially  to  alter  the  general  character  or  extent  of  the 
work  as  proposed. 

No  acceptance  of  any  part  of  the  work  or  materials  in  con- 
struction or  equipment  shall  relieve  the  Contractor  of  his  obli- 
gation to  furnish  sound  material  and  perform  sound  work. 

• 

The  Board  contemplates,  and  the  Contractor  hereby  ap- 
proves, the  most  thorough  and  minute  inspection  by  the  Board, 
its  Engineer  and  their  representatives  and  subordinates,  of  all 
work  and  materials  from  the  beginning  of  the  manufacture  or 


18 


Chapter.  II.  —  Agreement  for  Construction 

preparation  both  of  the  Railroad  and  of  such  materials  to  the 
final  completion  of  its  Equipment.  It  is  the  intention  of  the 
Board  that  its  Engineer  shall  draw  the  attention  of  the  Con- 
tractor to  all  errors  or  variations  from  the  requirements  of  this 
contract  or  other  defects  in  workmanship  or  materials.  But 
it  is  expressly  agreed  that  no  omission  on  the  part  of  the  Board 
or  its  Engineer  or  any  other  subordinate  of  the  Board  to  point 
out  such  errors,  variations  or  defects  shall  give  the  Contractor 
any  right  or  claim  against  the  City  or  in  any  way  relieve  the 
Contractor  from  its  obligation  to  fully  construct  and  equip  the 
Railroad  according  to  the  terms  of  this  contract. 

The  work  is  to  be  done  and  the  materials  are  to  be  furnished  Work  subject  to 
subject  to  the  direction  and  approval  of  the  Engineer.     The  ° 


Contractor  shall  promptly  obey  and  follow  every  direction 
within  the  general  purview  of  the  work  which  shall  be  given 
by  the  Engineer,  including  any  direction  which  he  shall  give 
by  way  of  withdrawal,  modification  or  reversal  of  any  previous 
direction  given  by  him.  If  any  additional  specification  be  pre- 
scribed or  additional  drawing  be  required  to  be  followed,  or 
additional  detail  required,  or  if  any  question  shall  arise  as  to 
the  quality,  character  or  amount  of  materials  or  work,  or  as  to 
the  obligation  of  the  Contractor  to  do  any  particular  work  or 
furnish  any  particular  materials,  or  as  to  the  value  of  any  addi- 
tional work  or  materials  required  by  the  Board  or  as  to  the 
deduction  to  be  made  from  the  contract  price  for  the  construc- 
tion by  reason  of  any  materials  or  work  directed  by  the  Board 
to  be  omitted,  or  if  any  other  dispute,  question  or  doubt  as  to 
what  is  the  obligation  of  the  Contractor  shall  arise  prior  to  the 
time  of  the  complete  construction  and  equipment  of  the  Rail- 
road and  the  declaration  thereof  by  the  Board,  the  determina- 
tion of  the  Engineer  shall  be  binding  upon  the  Contractor 
and  the  City,  so  far  as  that  the  Contractor  shall,  as  the  case 
may  be,  proceed  or  refrain  from  proceeding,  and  without  any 
delay  obey  the  requirement  of  the  Engineer. 

But  a  determination  of  the  Engineer  shall  not  be  finally  con-  Engineer's  Deter- 
clusive  upon  either  the  Contractor  or  the  City  as  to  the  rea-  ^Jaec°" 
sonable  value  of  any  work  or  materials  additionally  required   Review. 
as  aforesaid  or  omitted  as  aforesaid,  or  as  to   the  question 
whether  the  Contractor  is  entitled  to  additional  payment  for 
anything  additionally  required  by  the  Engineer,  whether  upon 

19 


Chapter  II. — Agreement  for  Construction 

additional  specifications  or  drawings  or  in  the  way  of  addi- 
tional details  as  aforesaid,  or  otherwise  as  herein  provided, 
or  as  to  the  question  whether  the  City  is  entitled  to  a  deduc- 
tion from  the  amount  payable  to  the  Contractor  according  to 

Mode  of  tne  terms  hereof.     In  every  such  case  the  Engineer  shall  make. 

Review.  his  determination  in  writing  and  in  duplicate,  one  duplicate  to 

be  filed  with  the  Board  and  the  other  duplicate  to  be  delivered 
to  the  Contractor.  Such  determination  as  to  work  done  or 
materials  supplied  on  or  after  the  first  day  of  the  calendar 
month  next  preceding  the  date  of  making  such  certificate,  shall 
if  filed  with  the  Board  within  five  days  after  its  said  date,  be 
binding  and  conclusive  upon  the  City  unless  the  Board  shall 
appeal  within  ten  (10)  days  after  such  determination  is  filed 
with  it,  and  shall  be  binding  upon  the  Contractor  unless  the 
Contractor  shall  appeal  within  ten  (10)  days  after  such  de- 
livery to  him.  The  appeal  shall  be  taken  by  a  written  notice 
addressed,  if  the  Board  be  the  appellant,  to  the  Contractor,  or, 
if  the  Contractor  be  the  appellant,  then  to  the  secretary  of  the 
Board.  The  notice  of  appeal  shall  state  the  determination  ap- 
pealed from,  the  grounds  of  appeal,  the  precise  award  or  re- 
dress desirecj,  and  shall  include  the  appointment  of  an  arbi- 
trator on  the  part  of  the  appellant,  with  a  written  undertaking 
on  the  part  of  the  arbitrator  to  act.  Within  ten  (10)  days 
after  the  receipt  of  a  notice  of  appeal  the  party  receiving  the 
same  shall  name  an  arbitrator,  and  give  written  notice  of  such 
nomination  to  the  party  appealing,  the  notice  to  be  accom- 
panied by  a  written  acceptance  by  the  arbitrator  of  the  ap- 
pointment. If  the  party  against  whom  the  appeal  is  taken 
shall  not  so  nominate  an  arbitrator,  who  shall  so  accept,  then 
the  arbitrator  named  by  the  party  appealing  shall  be  the  sole 
arbitrator.  Either  party  may,  by  a  general  notice  to  the  other, 
appoint  a  standing  arbitrator  for  such  party.  In  case  of  such 
standing  appointment  such  arbitrator  shall  be  deemed  to  be 
appointed  upon  each  appeal,  without  specification  of  his  ap- 
pointment upon  the  appeal.  Any  vacancy  in  the  office  of  an 
arbitrator  shall.be  filled  by  the  party  which  shall  have  appointed 
the  last  incumbent  thereof,  within  five  (5)  days  after  notice 
of  the  vacancy — during  which  five  days  the  running  of  other 
periods  of  time  prescribed  for  or  in  course  of  the  arbitration 
shall  be  suspended.  If  not  so  filled, — or  if  notice  of  the  ap- 
pointment be  not  given  within  such  five  days,  the  remaining 

20 


Chapter  II. — Agreement  for  Construction 

arbitrator  shall  be  the  only  arbitrator.  Within  five  (5)  days 
after  the  appointment  of  its  arbitrator  by  the  party  against 
whom  the  appeal  is  taken,  or,  if  there  be  a  standing  arbitrator 
for  such  party,  then  after  ten  (10)  days,  but  within  fifteen  (15) 
days  after  notice  of  the  appeal  is  given, — the  arbitrators, — or 
if  the  party  against  whom  the  appeal  is  taken  shall  be  in  de- 
fault in  appointing  an  arbitrator,  then  within  five  (5)  days 
after  such  default  the  arbitrator  named  by  the  party  appeal- 
ing,— shall  proceed  summarily,  and  upon  two  (2)  days  notice 
to  both  parties,  to  hear  such  evidence  or  statements,  oral  or 
written,  as  may  be  produced.  Such  hearing  shall  be  finished 
within  five  (5)  days  after  such  hearing  shall  begin ;  and  within 
three  (3)  days  after  finishing  such  hearing,  the  determination 
of  such  arbitrators  or  arbitrator  shall  be  made,  but  if  within 
such  three  days  the  arbitrators  (in  the  case  of  two  arbitrators) 
shall  fail  to  agree  upon  and  make  an  award,  then  they  shall 
forthwith  so  certify  to  the  Board  and  the  Contractor,  and  the 
controversy  shall  be  determined  by  an  umpire  to  be  nominated 
by  the  Executive  Committee  for  the  time  being  of  the  Cham- 
ber of  Commerce  of  the  State  of  New  York,  or  if  within  three 
(3)  days  after  being  notified  by  either  of  the  parties  hereto  of 
such  failure  the  said  Committee  shall  not  make  a  nomination, 
then  by  an  umpire  to  be  named  by  the  Executive  Committee 
for  the  time  being  of  the  Association  of  the  Bar  of  the  ^City  of 
New  York.  The  umpire  shall  hear  the  parties,  their  counsel, 
the  statements  of  the  arbitrators  and  the  statements  and  evi- 
dence received  by  them,  or  such  of  them  and  so  much  thereof 
as  may  appear  or  be  submitted  to  the  umpire  upon  two  (2) 
days  notice  to  the  parties.  Such  notice  shall  be  given  within 
three  (3)  days  after  the  nomination  of  the  umpire.  The  hear- 
ing by  the  umpire  shall  be  concluded  within  three  (3)  days. 
His  award  shall  be  made  within  three  (3)  days  after  the  hear- 
ing before  him  is  concluded.  Every  determination  by  the  um- 
pire, arbitrator  or  arbitrators,  shall  be  in  writing  in  duplicate, 
one  to  be  delivered  to  the  secretary  of  the  Board  and  the  other 
to  the  Contractor.  The  Executive  Committee  of  the  said. 
Chamber  of  Commerce  and  the  Executive  Committee  of  the 
said  Association  of  the  Bar  may,  upon  the  joint  request  of  both 
parties,  and  from  time  to  time  nominate  a  standing  umpire,  or 
a  standing  board  of  three  experts,  to  act  as  such  umpire.  Such 
standing  umpire  or  standing  board  of  experts  shall,  upon  every 

21 


Chapter  II. — Agreement  for  Construction 


Vouchers   for 
extra  Work. 


When  City 
entitled  to 
Abatement  of 
Price. 


Commencement 
and  Comple- 
tion of  Work. 


arbitration  where  an  umpire  is  required,  be  such  umpire,  and  a 
decision  or  determination  by  a  majority  of  such  board  of  ex- 
perts shall  be  the  decision  of  such  board.  The  days  for  notices 
and  other  proceeding  shall  be  exclusive  of  Saturdays,  Sundays 
and  holidays.  All  fees  and  expenses  of  arbitrators  and  um- 
pires shall  be  borne  and  paid  equally  by  the  City  and  the  Con- 
tractor, by  both  of  whom  every  such  arbitrator  and  umpire 
shall  be  deemed  to  be  employed.  Every  such  arbitrator  and 
umpire  shall,  before  proceeding-  to  hear  the  testimony  or  to 
consider  the  matter,  be  sworn  as  nearly  as  may  be  in  the  same 
manner  as  referees  in  actions  at  law  are  required  to  be  sworn. 

The  Contractor  shall  become  entitled  to  additional  payment 
for  additional  work  or  by  reason  of  additional  specifications, 
drawings,  details  or  other  requirements  only  upon  the  produc- 
tion of  the  certificate  and  determination  of  the  Engineer  if  un- 
appealed  from  and  certified  by  the  Board,  or,  if  so  appealed 
from,  then  only  upon  and  according  to  the  final  award  of 
arbitrators,  arbitrator  or  umpire  as  aforesaid  certified  by  the 
'Board,  it  being  expressly  agreed  that  the  City  shall  make  no 
additional  payment  to  the  Contractor  except  upon  vouchers 
which  include  such  certificates  and  determination  unappealed 
from,  or  if  appealed  from,  then  such  final  award  and  certificate 
of  the  Board,  as  a  condition  precedent  to  payment  and  that  no 
payment  shall  be  made  in  any  such  case  inconsistently  with 
such  final  award. 

Nor  shall  the  City  be  entitled  to  claim  any  abatement  from 
the  contract  price  by  reason  of  diminution  in  the  amount  of 
work  required,  delay  in  completion  or  otherwise  except  upon 
the  certificate  or  determination  of  the  Engineer  unappealed 
from  by  the  Contractor  as  aforesaid,  or,  if  so  appealed  from, 
then  upon  the  certificate  and  award  of  the  arbitrators,  arbi- 
trator or  umpire  as  aforesaid. 

The  Contractor  shall  begin  work  upon  the  Railroad  within 
thirty  (30)  days  after  the  execution  of  this  contract.  The 
entire  Railroad  shall  be  completely  constructed  and  equipped 
ready  for  immediate,  full  and  continuous  operation  as  follows : 
If  the  Railroad  shall  consist  only  of  Section  I,  then  within 
three  (3)  years  from  the  date  of  the  delivery  of  this  contract ; 
if  the  Railroad  shall  consist  of  Sections  T  and  II,  then  within 
two  (2)  years  from  the  date  of  notice  of  election  by  the  City 


22 


Chapter  II. — Agreement  for  Construction 

to  construct  Section  II,  Provided,  however,  that  the  entire 
period  allowed  for  the  construction  of  Sections  I  and  II  shall 
be  as  much  as  three  (3)  years ;  if  the  Railroad  shall  consist  of 
Sections  I,  II  and  III,  then  within  two  (2)  years  from  the 
date  of  notice  of  election  by  the  City  to  construct  Section  III, 
Provided,  however,  that  the  entire  period  allowed  for  the 
construction  of  Sectiqns  I,  II  and  III  shall  be  as  much  as  four 
(4)  years;  or  if  the  Railroad  shall  consist  of  Sections  I,  II,  III 
and  IV,  then  within  two  (2)  years  from  the  date  of  notice  of 
election  by  the  City  to  construct  Section  IV,  Provided,  how- 
ever, that  the  entire  period  allowed  for  the  construction  of  Sec- 
tions I,  II,  III  and  IV  shall  be  as  much  as  four  and  one-half  (4^) 
years.  In  the  event  of  delay  in  such  complete  Construction 
and  Equipment  beyond  the  period  or  periods  so  prescribed,  and  Price  to  be 
in  case  such  delay  shall  not  be  excusable,  as  herein  provided,  gduced  for 
the  price  to  be  paid  the  Contractor  shall  be  reduced  as  follows : 
From  the  several  amounts  which  shall  become  payable  to  the 
Contractor  after  the  expiration  of  the  said  period  or  periods 
for  work  completed  or  materials  furnished  thereafter,  there 
shall  be  deducted  and  retained  by  the  City  as  liquidated  dam- 
ages for  such  delay  two  per  cent,  thereof  for  each  and  every  month 
after  the  expiration  of  the  said  period  or  periods  until  such 
amounts  are  severally  certified  to  be  due  and  payable.  But  in 
case  the  Contractor  shall  be  delayed  by  injunction  or  by  strike 
or  by  any  interference  of  public  authority,  and  in  case  the 
Contractor  cannot,  notwithstanding  such  injunction,  strike  or 
interference,  with  reasonable  diligence  make  up  for  the  delay, 
so  occasioned  by  speedier  work  when  the  Contractor  shall  not 
be  so  interfered  with,  then  the  said  date  for  completion  shall  be 
extended  to  a  date  later  than  the  expiration  of  the  said  period 
or  periods  by  the  amount  of  time  of  such  delay,  Provided, 
however,  that  no  period  of  such  delay  shall  be  deemed  to  begin 
until  written  notice  thereof  shall  be  given  by  the  Contractor  to 
the  Board. 

The  sites  of  the  terminals  shall  be  proposed  by  the  Con-  Sites  of  Ter- 
tractor,  but  the  same  shall  be  subject  to  the  approval  of  the  mmals- 
Board.     The  City  shall  itself  purchase  the  real  estate  for  the 
terminals,    by   condemnation   or    otherwise ;    but    the   amount 
which  shall  be  paid  by  the  City  for  real  estate  for  terminals 
shall  be  deemed  to  be  payment  to  the  Contractor  on  account  of 

23 


Chapter  II. — Agreement  for  Construction 


Cost  of  Ter- 
minals. 


Cost  of  Real 
Estate  for 
Stations,  &c. 


Construction.  The  Contractor  shall  receive  the  exact  cost  to  the 
Contractor  of  the  complete  construction  of  the  terminals,  to- 
gether with  a  profit  of  ten  (10)  per  cent,  thereon,  for  its  serv- 
ices in  connection  therewith.  The  total  amount  to  be  paid  or 
allowed  to  the  Contractor  for  such  cost  of  construction,  in- 
cluding the  additional  allowance  of  ten  (10)  per  cent,  (as  ex- 
plained above)  together  with  the  sum  paid  by  the  City  for  real 
estate  for  terminals,  shall  in  no  case  exceed  One  million  seven 
hundred  and  fifty  thousand  dollars  ($1,750,000). 

The  amount  included  as  aforesaid  in  the  price  for  Construc- 
tion hereunder  for  terminals  is  the  estimated  sum  of  One  mil- 
lion dollars  ($1,000,000)  which  includes  the  allowance  for  cost 
of  real  estate  for  terminals  and  of  their  complete  construction 
ready  for  operation,  but  does  not  include  the  cost  of  any  equip- 
ment thereof.  The  variation  of  the  cost  of  the  terminals  (in- 
cluding real  estate,  construction  and  profit  aforesaid)  from  the 
said  sum  of  One  million  dollars  ($1,000,000),  shall,  within  the 
said  maximum  limit  of  One  million  seven  hundred  and  fifty 
thousand  dollars  ($1,750,000)  be  added  to  or  deducted  from,  as 
the  case  may  be,  the  total  contract  price  for  construction  pay- 
able to  the  Contractor.  Any  excess  of  the  cost  of  the  termi- 
nals above  One  million  seven  hundred  and  fifty  thousand  dol- 
lars ($1,750,000)  shall  be  borne  and  paid  by  the  Contractor; 
and  any  excess  above  such  amount  which  the  City  shall  itself 
have  paid,  shall  be  forthwith  returned  by  the  Contractor  to  the 
City  or  may  be  deducted  by  the  City  from  any  money  other- 
wise due  the  Contractor. 

The  amount  included  as  aforesaid  in  the  price  for  Construc- 
tion hereunder  for  real  estate  to  be  acquired  for  stations  and 
other  purposes  of  the  Railroad  except  terminal  and  equipment, 
is  as  follows :  If  the  Railroad  shall  include  only  Section  I, 
the  sum  is  One  hundred  and  seventy  thousand  dollars  ($170,- 
ooo)  ;  if  it  includes  Sections  I  and  IT,  it  is  Three  hundred  and 
seventy  thousand  dollars  ($370,000)  ;  if  it  includes  Sections  I, 
II  and  III,  it  is  Four  hundred  and  sixty  thousand  dollars 
($460,000)  ;  if  it  includes  Sections  I,  II,  III  and  IV,  it  is  Five 
hundred  thousand  dollars  ($500,000).  The  City  shall  itself 
acquire  (by  condemnation  or  otherwise)  all  such  real  estate ; 
and  every  amount  paid  therefor  by  the  City  shall  be  deemed 
to  be  a  payment  to  the  Contractor  on  Construction.  In  case 


24 


Chapter  II. — Agreement  for  Construction 

the  total  cost  to  the  City  of  acquiring  such  real  estate  shall  be 
greater  than  the  sums  so  prescribed,  then  the  contract  price  for 
Construction  shall  be  increased  accordingly,  except,  however, 
that  the  cost  of  real  estate  for  such  purposes  to  be  borne  by  the 
City  shall  in  no  case  exceed  the  sum  of  Three  hundred  and 
forty  thousand  Dollars  ($340.000)  for  Section  I ;  Seven  hun- 
dred and  forty  thousand  Dollars  ($740,000)  for  Sections  I  and 
II;  Nine  hundred  and  twenty  thousand  Dollars  ($920,000)  for 
Sections  I,  II  and  III;  and  One  million  Dollars  ($1,000,000) 
for  Sections  I,  II,  III  and  IV.  Any  such  excess  shall  be  borne 
by  the  Contractor.  In  case  the  total  cost  to  the  City  of  ac- 
quiring such  real  estate  shall  be  less  than  the  said  sum  of  One 
hundred  and  seventy  thousand  Dollars  ($170,000)  for  Section 
I,  or  Three  hundred  and  seventy  thousand  Dollars  ($370,000) 
for  Sections  I  and  II,  or  Four  hundred  and  sixty  thousand 
Dollars.  ($460,000)  for  Sections  I,  II  and  III,  or  Five  hundred 
thousand  Dollars  ($500,000)  for  Sections  I,  II,  III  and  IV,  the 
contract  price  for  construction  shall  be  diminished  accord- 
ingly. 

The  City  shall  conduct  with  diligence  proceedings  to  acquire  City  to  diligently 
the  real  estate  needed  for  terminals  and  other  railroad  pur-  ^f^'p  necessary 
poses  or  (if  requested  by  the  Contractor)  which  the  Con- 
tractor shall  need  for  Equipment.  The  Contractor  shall,  how- 
ever, give  to  the  Board  notice  of  at  least  three  (3)  months 
that  the  real  estate  is  required,  specifying  the  parcels.  Any 
damage  sustained  by  the  Contractor  by  reason  of  delay  in  its 
possession  of  such  real  estate  beyond  a  period  of  six  months 
after  the  giving  of  such  notice  shall  be  paid  by  the  City  to  the 
Contractor.  The  amount  thereof  shall  be  certified  by  the  En- 
gineer as  aforesaid  but  subject  to  appeal  by  the  City  or  Con- 
tractor and  determination  by  arbitration  as  aforesaid. 

The  City  shall  pay  the  Contractor  for  the  work  as  the  same   Payments,  how 
progresses  upon   vouchers   certified   by  the    Board.     Written  made  to  Con- 
requisitions  by  the  Contractor  for  such  payments  shall  be  de- 
livered to  the  Board  at  'intervals  of  not  less  than  one    (i) 
month.     Each  requisition  by  the  Contractor  shall  be  accom- 
panied by  a  certificate  of  the  Engineer  to  the  effect  that  work 
has  been  done  and  materials  have  been  delivered  in  accord- 
ance with  the  terms  of  the  Contract  at  or  upon  the  Railroad 
prior  to  the  time  of  such  requisition  of  a  value  stated  in  such 

25 


Chapter  II. — Agreement  for  Construction 


Provision  of 
Equipment. 


Evidence 
that  labor  and 
materials  are 
paid  for. 


certificate.     Such  value  shall  be  ascertained  relatively  to  the 
contract  value  of  the  entire  work. 

The  Board  shall  thereupon  forthwith  prepare  and  certify  a 
voucher  in  due  form  for  payment  by  the  City  for  the  work  so 
done  and  materials  so  furnished.  The  Board  shall  not  be 
bound  by  the  certificate  of  the  Engineer,  bite  may  in  every  case 
fix  the  amount  due  at  such  sum  as  the  Board  shall  itself  de- 
termine to  be  the  proper  actual  relative  value  of  such  work 
and  materials.  The  amount  so  certified  by  the  Board  shall 
be  forthwith  paid  by  the  City  to  the  Contractor  without  any 
deduction  except  as  herein  otherwise  provided.  In  case  such 
Contractor  shall  be  dissatisfied  with  the  determination  of  the 
Board  as  to  value  as  aforesaid,  the  Contractor  may  appeal 
from  such  determination  in  the  manner  hereinbefore  provided 
for  appeals  for  determination  of  the  Engineer  as  to  additional 
work,  and  the  receipt  by  the  Contractor  of  the  amount  certi- 
fied by  the  Board  shall  not  be  deemed  the  waiver  of  his  right 
to  appeal. 

And  if  the  payment  upon  such  appeal  shall  be  determined 
to  be  too  small,  then  upon  such  determination  the  City  shall 
forthwith  and  upon  a  voucher  certified  by  the  Board  pay  to 
the  Contractor  the  additional  amount  awarded  upon  Isuch 
appeal. 

At  a  date  not  later  than  the  time  when  two-thirds  (2-3)  in 
value  of  the  work  which  the  Contractor  shall  be  bound  to  do, 
not  including  equipment,  shall  have  been  finished,  and  certi- 
fied by  the  Engineer  (but  subject  to  appeal  as  aforesaid)  the 
Contractor  shall  begin  and  shall  thereafter  diligently  proceed 
with  the  provision  of  the  equipment  of  the  Railroad,  and  such 
provision  shall  proceed  at  such  rate  as  that  the  Equipment 
shall  be  completely  ready  for  use  three  (3)  months  in  advance 
of  the  complete  Construction  of  the  Railroad  (that  is  to  say, 
of  the  Section  or  Sections  which  the  Contractor  shall  be  bound 
to  construct). 

The  Contractor  shall  furnish  the  Board  with  satisfactory 
evidence  that  all  persons  who  have  done  work  or  furnished 
materials  in  the  construction,  and  who  have  given  written 
notice  to  such  Board  before  or  within  ten  (10)  days  after  the 
final  completion  and  acceptance  of  the  whole  work  required 
under  this  contract,  that  any  balance  for  such  work  or  ma- 


26 


Chapter  II. — Agreement  for  Construction 

terials  is  due  and  unpaid,  have  been  fully  paid  and  satisfac- 
torily secured;  and  in  case  such  evidence  is  not  furnished  as 
aforesaid  such  amount  as  may  be  necessary  to  meet  the  claims 
of  the  persons  aforesaid  may  be  retained  from  the  money  due 
to  the  Contractor  under  this  agreement  until  the  liabilities 
aforesaid  shall  be  fully  discharged  or  such  notice  withdrawn. 

If  at  the  time  of  any  such  requisition  any  lien  shall  have 
been  filed  against  the  Contractor  on  the  Railroad  against  the 
amount  payable  to  the  Contractor  under  the  provisions  of  this 
contract  by  any  person  or  corporation  entitled  to  file  the  same 
for  work,  labor,  or  services  done  or  performed  for  or  materials 
furnished  to  the  Contractor  in  or  about  the  Construction,  an 
amount  reasonably  sufficient  to  pay  and  discharge  such  lien 
and  to  pay  the  costs  of  foreclosure  thereof  shall  be  retained 
by  the  Comptroller  from  the  amount  which  would  be  other- 
wise payable  to  the  Contractor  on  such  requisition,  until  the 
said  lien  shall  be  discharged  or  secured  as  provided  by  law. 
If  such  lien  shall  be  foreclosed  according  to  law  then  the 
Comptroller  may  pay  the  said  amount  found  due  upon  such 
lien  by  the  judgment  in  the  foreclosure  action  to  the  person 
entitled  thereto,  and  such  payment  shall  be  deemed  a  payment 
hereunder  to  the  Contractor.  If  the  sum  so  retained  shall  not 
be  sufficient  to  discharge  the  lien  so  foreclosed,  the  deficiency 
shall  be  retained  by  the  Comptroller  out- of  the  next  moneys 
coming  due  to  the  Contractor. 

In  case  any  claim  shall  be  made  by  any  person  or  corpora- 
tion against  the  City  for  loss  or  damage  to  person  or  property 
caused  by  or  arising  frorrt  or  alleged  to  have  been  caused  by 
or  to  have  arisen  from  any  negligence,  fault  or  default  of  the 
Contractor,  the  amount  of  such  claim  shall  upon  the  require- 
ment of  the  Board  be  retained  by  the  Comptroller  out  of  any 
moneys  thereafter  growing  due  to  the  Contractor  hereunder 
(in  addition  to  the  other  sums  hereinbefore  authorized  to  be 
so  retained),  as  security  for  the  payment  of  such  claim  or 
claims.  If  and  when  the  liability  of  the  City  on  such  claim 
or  claims  has  been  finally  established  by  a  judgment  of  a 
court  of  competent  jurisdiction,  or  has  been  admitted  by  the 
Contractor,  the  said  claim  or  claims  shall  be  paid  from  the 
amount  so  retained  and  the  balance,  if  any,  paid  to  the  Con- 
tractor. 


Chapter  II. — Agreement  for  Construction 


Specifications 
and    Drawings 
subject  to 
Requirement  of 
Railroad  of  high- 
est Grade. 


Where  Text  of 
Contract  doubt- 
ful, best  Mate- 
rials and  Work- 
manship re- 
quired. 


The  specifications  and  contract-drawings  hereinafter  men- 
tioned, and  the  other  and  additional  provisions  of  this  con- 
tract, are  intended  by  the  Board  to  be  full  and  comprehensive, 
and  to  show  all  the  work  required  to  be  done.  But  in  a  work 
of  this  magnitude  it  is  impossible  either  to  show  in  advance  all 
details,  or  to  precisely  forecast  all  exigencies.  The  specifica- 
tions and  contract-drawings  are  to  be  taken,  therefore,  as  indi- 
cating the  amount  of  work,  its  nature  and  method  of  construc- 
tion so  far  as  the  same  are  now  distinctly  apprehended.  But 
the  Contractor  understands,  and  it  is  expressly  agreed,  that 
there  is  included  within  its  obligation  the  complete  Construc- 
tion and  Equipment  of  the  Railroad  as  herein  contemplated. 
The  Railroad  is  to  be  constructed  for  actual  use  and  operation 
as  an  interurban  railroad  of  the  highest  class,  adapted  to  the 
necessities  of  the  people  of  the  City  of  New  York.  It  is  to  be 
used  and  operated  as  provided  in  Chapter  III,  the  Lease.  The 
Contractor  shall  construct,  complete  and  fully  equip  the  Rail- 
road in  the  best  manner,  according  to  the  best  rules  and  usages 
of-  railway  construction,  so  that  the  Railroad  shall  be  thor- 
oughly fitted  for  safe,  continuous,  immediate  and  full  opera- 
tion in  the  manner  and  subject  to  the  requirements  of  Chapter 
III,  the  Lease.  If,  in  the  specifications  or  contract-drawings 
or  in  the  provisions  of  this  contract,  any  detail  or  other  matter 
or  thing  requisite  for  such  operation  in  such  manner  and  sub- 
ject to  such  requirements  be  not  mentioned,  nevertheless  the 
same  is  deemed  to  be  included,  and  the  Contractor  hereby  un- 
dertakes to  do  the  same  as  part  of  its  work  hereunder.  And 
it  is  expressly  agreed  that  the  price  to  be  paid  the  Contractor 
as  herein  prescribe'd  includes  full  compensation  for  every  such 
detail,  matter  and  thing. 

In  the  event  of  any  doubt  as  to  the  meaning  of  any  portion 
or  portions  of  the  specifications  or  contract-drawings,  or  of  the 
text  of  the  contract,  the  same  shall  be  interpreted  as  calling  for 
the  best  construction,  both  as  to  materials  and  workmanship, 
capable  of  being  supplied  or  applied  under  the  then  existing 
local  conditions.  This  provision,  by  way  of  illustration,  im- 
plies the  requirement  that  the  interior  surface  of  every  part  of 
the  tunnel  containing  the  railway  shall  be  entirely  free  from 
percolation  of  ground  or  other  water  from  without ;  the  re- 
quirement throughout  of  a  structure  whose  component  parts 
shall  be  of  as  permanent  and  durable  a  character  as  prac- 


28 


Chapter  II. — Agreement  for  Construction 

ticable;  the  requirement  that  the  steel  and  such  other  parts  of 
the  structure  as  are  liable  to  rust  and  decay  shall  be  fully  pro- 
tected from  such  action ;  the  requirement  that  the  track  and 
roadbed  shall  be  such  that  trains  such  as  are  described  in 
Chapter  III,  the  Lease,  can  be  run  thereon  with  safety  and 
comfort  at  the  highest  practically  attainable  speeds ;  and  the 
requirement  that  there  shall  be  adequate  stations.  All  the 
clauses  of  the  specifications,  and  all  parts  of  the  contract- 
drawings,  are,  therefore,  to  be  understood,  construed  and  in- 
terpreted as  intending  to  produce  the  results  hereinbefore 
stated. 

The  plans  referred  to  in  the  specifications  hereinafter  con-  Plans  and 

tained  are  one  hundred  and  seventeen  (117)   in  number,  bear   Contract 

r>  r>  Drawings, 

date  jth  April,  1898,  are  each  countersigned  by  the  Engineer, 

are  stamped  with  the  seal  of  the  Board,  and  bear  the  general 
title,  "Contract  Drawing  No.  ."  The  sheets  are  as 

follows:  Nos.  A  i  to  A  35  inclusive;  Nos.  B  i  to  B  46  inclu- 
sive ;  Nos.  C  i  to  C  36  inclusive. 

The  sections  and  dimensions  of  all  parts  shown  on  the  con- 
tract-drawings are  typical  sections  and  dimensions  applicable 
to  the  greater  part  of  the  work,  and  where  no  extraordinary 
conditions  exist.  Where  such  conditions  do  exist,  or  where 
unforeseen  contingencies  arise,  such  as  the  encountering  of 
quicksand  or  other  bad  material,  or  when  provision  must  be 
made  for  the  support  of  elevated  railroad  columns,  or  when 
there  are  buildings,  monuments  or  other  structures  whose 
foundations  are  of  such  a  character  as  to  bring  an  undue  thrust 
upon  the  tunnel,  or  other  similar  circumstances  exist,  then  and 
in  every  such  case  the  Board  may  issue  such  special  plans,  duly 
countersigned  by  the  Engineer,  and  accompanied  by  specifica- 
tions explanatory  thereof,  or  describing  the  method  of  con- 
struction, changing  the  section  or  the  dimensions  of  the  parts 
or  the  materials  of  the  structure ;  and  such  special  plans  and 
specifications  when  so  issued  shall  be  binding  on  the  Con- 
tractor. 

In  addition  to  the  contract-drawings  already  mentioned,  the  Supplementary 
Board  has  had  prepared  a  set  of  maps  and  plans  one  hundred  Drawings, 
and  forty-two  (142)  in  number,  bearing  the  same  seal,  general 
title  and   date  as   the   contract-drawings,  but   designated   as 
Supplementary   Drawings  which  are  signed  by  the   Engineer 

29 


Chapter  II. — Agreement  for  Construction 


Names  of  Sub- 
Contractors  to 
be  given. 


Contractor  ap- 
proves Plans  as 
involving  no 
Damage. 


and  marked  Nos.  D  i  to  D  142  inclusive.  These  supplemen- 
tary drawings  exhibit  certain  information  which  the  Board  has 
received  from  its  Engineer  of  the  nature  of  the  soil  underlying 
portions  of  the  route,  the  nature  and  position  of  elevated  and 
surface  railways,  water  mains,  gas  and  other  pipes,  sewers, 
electric  subways,  manholes,  hydrants,  catch  basins  and  other 
surface  and  sub-surface  structures.  The  supplementary  draw- 
ings have  been  exhibited  to  the  Contractor  without  any  guar- 
antee on  the  part  of  the  Board  as  to  their  completeness  or 
correctness,  and  the  Contractor  may,  at  its  option  and  at  the 
expense  of  the  Board,  have  copies  thereof  for  such  aid,  if  any, 
as  the  Contractor  may  derive  from  them.  If,  upon  opening 
the  streets  or  otherwise,  difficulties  of  any  nature  be  encoun- 
tered which  are  not  indicated  or  suggested  by  the  supplemen- 
tary drawings,  or  if  additional  surface  or  sub-surface  struc- 
tures be  discovered  or  found  of  different  size  or  in  different 
positions  or  of  different  nature  from  those  shown  on  the  sup- 
plementary drawings,  or  if  in  any  way  such  supplementary  draw- 
ings be  found  erroneous,  the  Contractor  shall  have  no  claim  what- 
ever for  any  such  failure,  discrepancy,  or  error,  but  is  to  take  every 
necessary  or  proper  precaution  to  overcome  the  unforeseen  diffi- 
culty, and  is  to  take  care  of,  protect,  remove,  adjust  or  readjust, 
as  the  case  may  be,  the  additional  or  different  surface  or  sub- 
surface structures  according  to  the  direction  of  the  Engineer. 

The  Contractor  shall,  before  making  any  sub-contract  of  its 
work,  in  writing  state  to  the  Board  the  name  of  such  sub- 
contractor, the  portion  of  the  work  which  such  sub-contractor 
is  to  do  or  the  materials  which  sub-contractor  is  to  furnish,  the 
place  of  business  of  the  sub-contractor  and  such  information  as 
the  Board  may  require  to  enable  it  to  know  whether  such  sub- 
contractor is  able  competently  to  do  the  work  or  provide  the 
materials. 

The  Contractor  admits  and  covenants  to  and  with  the  City 
that  the  plans  and  specifications  and  other  provisions  of  this 
contract  for  construction,  if  the  work  be  done  without  fault  or 
negligence  on  the  part  of  the  Contractor,  do  not  involve  any 
danger  to  the  foundations,  walls  or  other  parts  of  adjacent 
buildings  or  structures ;  and  the  Contractor  shall  at  its  own 
expense  make  good  any  damage  that  shall,  in  the  course  of 
construction,  be  done  to  any  such  foundation,  walls  or  other 
parts  of  adjacent  buildings  or  structures. 


Chapter  II. — Agreement  for  Construction 

The  Contractor  shall  during  the  performance  of  the  work  Traffic  to  he 
safely  maintain  the  traffic  on  all  streets,  avenues,  highways,  maintained- 
parks  or  other  public  places  in  connection  with  the  work,  and 
take  all  necessary  precautions  to  place  proper  guards  for  the  Indemnification 
prevention  of  accidents,  and  put  up  and  keep  at  night  suitable  for  Accidents- 
and  sufficient  lights  and  indemnify  and  save  harmless  the  City 
against  and  from  all  damages  or  costs  to  which  it  may  be  put 
by  reason  of  injury  to  the  person  or  property  of  another  or 
others,  resulting  from  negligence  or  carelessness  in  the  per- 
formance of  the  work  or  from  guarding  the  same,  or  from  any 
improper  materials  used  in  its  construction,  or  by  or  on  ac- 
count of  any  act  or  omission  of  the  Contractor  or  the  agents 
thereof. 

The  Contractor  shall  be  responsible  for  all  damage  which  Contractor's  Lin 
may  be  done  to  abutting  property  or  buildings  or  structures 
thereon  by  the  method  in  which  the  construction  hereunder  erty. 
shall  be  done,  but  not  including  in  such  damage  any  damage 
necessarily  arising  from  proper  construction  pursuant  to  this 
contract,  or  the  reasonable  use,  occupation  or  obstruction  of 
the  streets  thereby.  The  Contractor  shall  obey  any  order  of 
the  Engineer  to  support  or  secure  abutting  property  or  any 
structure  thereon ;  but  the  Contractor  shall  not  be  relieved  of 
responsibility  by  any  failure  or  omission  of  the  Engineer  to 
give  any  such  order  or  notice  of  any  danger. 

All  material  excavated  along  the  route  shall  be  the  property  Excavated 
of  the  Contractor.  material. 

The  Contractor  will  at  all  times  give  to  the  Board  and  its  Inspection, 
members,  to  the  Engineer  and  the  assistants  and  superin- 
tendents under  the  Engineer,  and  any  person  designated  by  the 
Board  or  its  president,  all  facilities,  whether  necessary  or  con- 
venient, for  inspecting  the  materials  to  be  furnished  and  the 
work  to  be  done  under  this  contract.  The  members  of  the 
Board,  the  Engineer  and  any  superintendent,  assistant  or  other 
person  bearing  his  authorization  or  the  authorization  of  the 
Board  or  its  president,  shall  be  admitted  at  any  time  sum- 
marily and  without  delay  to  any  part  of  the  work  or  to  in- 
spection of  materials  at  any  place  or  stage  of  their  manufac- 
ture, preparation,  shipment  or  delivery. 

Any  engineer  substituted  by  the  Board  in  place  of  the  Chief  Substitute  of 
Engineer  during  any   absence,  illness  or  inability  of  his  or 

31 


Chapter  //, — Agreement  for  Construction 


Contractor 
bound  to  com- 
plete  in  best 
Manner. 


Best    Materials, 
Machinery,  Tools, 
&c.,  to  be  used. 


Construction 
includes   Sewer 
and  other 
Incidentals. 


when  the  Board  shall  so  determine,  shall,  during  his  official 
connection,  have  all  the  power  and  authority  of  the  Engineer, 
and  in  all  respects  be  recognized  as  such  Engineer. 

The  Contractor  shall  complete  the  entire  work  upon  every 
section  of  which  construction  shall  be  required  as  aforesaid  in 
accordance  with  the  specifications  and  contract-drawings  and 
according  to  the  other  provisions  of  this  contract  and  within 
the  times  specified  in  this  contract  in  the  most  workmanlike 
manner  and  with  the  highest  regard  to  the  safety  of  life  and 
property  and  according  to  the  lines,  levels  and  directions  given 
by  the  Engineer,  for  the  price  herein  agreed  ,upon,  except  that 
for  extra  work,  if  any,  there  shall  be  additional  payment  as 
hereinbefore  provided,  and  except  that  for  part  or  parts  of  the 
work,  if  any,  omitted,  there  shall  be  deduction  from  the  con- 
tract price  as  hereinbefore  provided. 

The  Contractor  is  to  furnish  of  the  best  description  all 
materials,  machinery,  implements,  tools  and  labor  necessary  to 
construct  and  put  in  complete  working  order  all  work  covered 
by  the  specifications,  contract-drawings  and  other  provisions 
of  this  contract  including  all  additional  specifications,  drawings 
and  details  issued  or  required  as  herein  provided. 

In  order  to  construct  the  Railroad  it  will  be  necessary  to 
take  up  and  relay  the  pavement  or  other  surface  material,  to 
protect  and  support  during  construction  elevated  and  surface 
railways,  water  mains,  gas  pipes,  electric  subways,  pneumatic 
tubes,  steam  pipes  and  other  sub-surface  structures,  together 
with  their  necessary  connections,  as  the  same  may  be  met  with 
along  the  route ;  to  build  sewers  both  along  the  route  and 
other  streets;  to  make. or  remake  the  necessary  manholes,  catch 
basins  and  other  sewer  connections  therewith ;  to  move,  alter, 
readjust  or  rebuild  water  mains,  gas  pipes,  electric  subways, 
pneumatic  tubes,  steam  pipes  and  other  sub-surface  structures, 
together  with  their  necessary  connections ;  and  to  do  all  such 
additional  and  incidental  work  as  may  be  necessary  for  the 
completion  of  the  Railroad  and  the  final  restoration  of  the 
street  or  other  surface  to  as  useful  and  good  a  condition  as  ex- 
isted before  construction  shall  have  been  begun.  All  such 
work  of  every  description  is  part  of  the  work  of  Construction 
of  the  Railroad  included  within  this  contract. 


Chap.  II. — Agree 't  for  Const' n:    Specifications 

The  following  are  specifications  of  the  work,  but  it  is  ex-  Specifications 
pressly  understood  that  such  specifications  do  not  include  all  no^  exdusive- 
requirements,  but  are  requirements  in  addition  to  those  here- 
tofore or  elsewhere  given  or  provided  in  this  contract.  The 
specifications  and  other  provisions  of  this  contract,  and  the 
contract-drawings,  are  intended  to  be  explanatory  of  each 
other.  Should,  however,  any  discrepancy  appear  or  any  mis- 
understanding arise  as  to  the  import  of  anything  contained  in 
either,  the  explanation  of  the  Engineer  shall  be  final  and  con- 
clusive, except  that,  upon  any  claim  by  the  Contractor  that  it 
has  been  called  upon  to  do  work  or  furnish  materials  in  excess 
of  quantity  or  value  of  those  called  for  by  the  terms  of  this 
contract,  it  shall  be  entitled  to  appeal,  as  hereinbefore  pro- 
vided, and  to  a  correction  by  way  of  money  allowance  to  it  of 
any  error  of  the  Engineer. 

SPECIFICATIONS. 

The  specifications  are  grouped  in  subdivisions  as  follows : 
PAGE. 

(34)        i.  General  Description  of  the  Work. 

(37)       2.  Manner  of  Prosecution. 

(40)       3.  Excavation. 

(43)  4.  Backfilling. 

(44)  5.  Piling  and  Timbering. 
(44)       6.  Tunnelling. 

(46)       7.  Cement. 

(46)  8.  Mortar. 

(47)  9.  Concrete. 

(49)  10.  Brick  Masonry. 

(51)  ii.  Stone  Masonry. 

(54)  12.  Water  Proofing. 

(57)  J3-  Drains  and  Pumps. 

(5<?)  14.  Steel  and  Iron. 

(64)  15.  Painting. 

(65)  16.  Track. 
(71)  17.  Sewers. 
(85)  18.  Water  Mains, 
(po)  19.  Paving. 

(106}     20.  Maintenance  of  Street  Railway  Tracks,  Mains  and 
other  Surface  or  Sub-surface  Structures. 

33 


Chap.  II. — Agree 't  for  Const' n:   Specifications 

(/o/)  21.  Stations, 

(/u)  22.  Terminals. 

(112)  23.  Equipment. 

(iij)  24.  General  Clauses. 

(1/5)  25.  Sectional  Construction. 

(7/5)  26.  Trade  Combinations. 


General  de- 
scription of 
the  work. 


Main  Line. 


Express  and 
Local  tracks. 


g6th  Street 
cross-overs. 


East  Side 
Line. 


i.     GENERAL  DESCRIPTION. 

The  railway  to  be  built  commences  at  a  point  in  Park  Row  near 
Frankfort  Street,  "with  a  two-track  loop  under  the  City  Hall  Park, 
Broadway,  and  Park  Row  to  the  above-mentioned  point  near 
Frankfort  Street,  where  there  commences  a  four-track  line  run- 
ning thence  under  Centre  Street,  New  Elm  Street,  Lafayette  Place, 
across  Astor  Place  and  private  property  between  Astor  Place  or 
Eighth  Street  and  Ninth  Street  to  Fourth  Avenue  at  Ninth  Street ; 
thence  under  Fourth  Avenue  and  Park  Avenue  to  Forty-second 
Street,  thence  under  Forty-second  Street  to  Broadway,  and  thence 
under  Broadway  and  the  Boulevard  to  a  point  at  or  near  Ninety- 
seventh  Street,  all  of  which  railway  shall  be  known  as  the  Main 
Line. 

On  the  four-track  portion  above  mentioned  the  inside  tracks 
are  to  be  used  by  express  trains  stopping  only  at  comparatively 
long  distances,  and  the  outside  tracks  by  local  trains  stopping  at 
shorter  distances. 

At  or  near  Ninety-sixth  Street  suitable  cross-overs  shall  be  con- 
structed, permitting  the  free  running  of  trains  from  the  south- 
bound express  track  to  the  south-bound  local  track,  and  from  the 
south-bound  local  track  to  the  south-bound  express  track,  and  in 
like  manner  '  from  the  north-bound  express  track  to  the  north- 
bound local  track,  and  from  the  north-bound  local  track  to  the 
north-bound  express  track. 

At  a  suitable  point  north  of  the  construction  of  these  cross-overs 
the  outside  tracks  will  rise  so  as  to  permit  the  inside  tracks,  on 
reaching  a  point  near  One  Hundred  and  Third  Street,  to  curve  to 
the  right,  passing  under  the  north-bound  track  and  to  continue 
thence  across  and  under  private  property  to  One  Hundred  and 
Fourth  Street ;  thence  under  One  Hundred  and  Fourth  Street  and 
Central  Park  to  One  Hundred  and  Tenth  Street  near  Lenox  Ave- 
nue; thence  under  Lenox  Avenue  to  a  point  near  One  Hundred 


Chap.  II. — Agree 't  for  Const 'n:   Specifications 

and  Forty-second  Street ;  thence  across  and  under  private  property 
and  the  intervening  streets  to  the  Harlem  River;  thence  under 
the  Harlem  River  and  across  and  under  private  property  to  One 
Hundred  and  Forty-ninth  Street;  thence  under  and  along  One 
Hundred  and  Forty-ninth  Street  to  Third  Avenue,  to  Westchester 
Avenue,  where  at  a  convenient  point  the  tracks  will  emerge  from 
the  tunnel  and  be  carried  on  a  viaduct  along  and  over  Westchester 
Avenue,  Southern  Boulevard  and  Boston  Road  to  Bronx  Park. 

That  portion  of  the  railway  from  the  north  end  of  the  cross- 
overs at  or  near  Ninety-seventh  Street  to  Bronx  Park,  shall  be 
known  as  the  East  Side  Line. 

From  the  northern  end  of  thp  above-mentioned  cross-overs,  at  West  Side 
or  near  Ninety-sixth  Street,  the  outside  tracks  shall  rise,  as  pre-  Line- 
viously  described,  and  after  the  over  crossing  of  the  inside  tracks, 
they  shall  be  brought  together  on  a  location  under  and  as  far  as 
possible  symmetrical  with  the  centre  line  of  the  street  and  proceed 
along  and  under  the  Boulevard  to  a  point  between  One  Hundred 
and  Twenty-second  and  One  Hundred  and  Twenty-third  Streets, 
at  which  point  the  tracks  shall  commence  to  emerge  from  the 
tunnel  and  be  carried  on  a  viaduct  along  and  over  the  Boulevard 
to  a  point  between  One  Hundred  and  Thirty-fourth  and  One  Hun- 
dred and  Thirty-fifth  Streets,  where  they  shall  again  pass  into  and 
continue  in  tunnel  under  and  along  the  Boulevard  and  Eleventh 
Avenue  to  a  point  about  thirteen  hundred  and  fifty  (1,350)  feet 
north  of  the  centre  line  of  One  Hundred  and  Ninetieth  Street, 
where  the  tracks  shall  again  emerge  from  the  tunnel  and  be  car- 
ried on  a  viaduct  across  and  over  private  property  to  Elwood 
Street,  and  over  and  along  Elwood  Street  to  Kingsbridge  Road 
or  Avenue,  private  property,  the  Harlem  Ship  Canal  and  Spuy- 
ten  Duyvil  Creek,  private  property,  Riverdale  Avenue  or  Two 
Hundred  and  Thirtieth  Street,  to  a  terminus  near  Bailey  Avenue. 

That  portion  of  the  line  from  the  north  end  of  the  cross-overs     - 
at  or  near  Ninety-seventh  Street  to  the  above-mentioned  terminus 
at  Bailey  Avenue,  shall  be  known  as  the  West  Side  Line. 

In  addition  to  the  construction  of  the  railway  itself,  it  will  be 
necessary  to  construct  or  re-construct  certain  sewers,  together  with 
house  and  other  sewer  connections  and  to  adjust,  re-adjust  and 
maintain  railways,  pipes,  subways,  and  other  surface  and  sub- 
surface structures,  and  to  relay  the  street  pavement  both  on  streets 
occupied  by  and  on  streets  other  than  those  occupied  by  the  route 
of  the  railway. 

35 


Chap.  II. — Agree 't  for  Const'n:   Specifications 


Lines  and 
Grades. 


Working1  and 
Shop  drawings. 


The  above  description  of  the  Main,  East  and  West  Side  Lines, 
and  the  sewers  off  the  route  of  the  railway,  is  told  in  general  lan- 
guage, but  the  location  of  the  various  tracks,  junctions,  loops, 
grades,  terminii,  etc.,  are  set  forth  more  particularly  and  accurately 
on  the  accompanying  Contract  Drawings. 

During  the  progress  of  the  work  the  Board  will  give,  through 
the  Engineer,  to  the  Contractor,  suitable  points,  marks  or  benches, 
indicating  the  line  and  grade  of  the  railway  and  of  the  sewers ; 
such  points  for  bench  marks  being  established  at  such  intervals 
as  the  Engineer  deems  necessary  for  the  Contractor  to  be  able  to 
perform  its  work.  From  such  line  points  and  benches,  the  Con- 
tractor, under  the  supervision  of  the  Engineer,  shall  make,  unless 
the  Board  decides  otherwise,  all  the  necessary  submeasurements 
for  the  locations  of  foundations,  walls,  columns,  beams,  and  all 
other  structural  parts  both  for  the  railway  and  all  other  structures 
to  be  built  under  this  contract.  Such  submeasurements  shall  be 
at  all  times  subject  to  inspection  by  the  Engineer,  and  if  found 
to  be  in  error,  as  called  for  by  the  plans  or  his  directions,  shall  be 
at  once  corrected,  even  though  work  had  been  done  under  them. 

The  Contractor  shall  also  make  all  working  or  shop  drawings 
which  may  be  required  in  addition  to  the  Contract  Drawings,  or 
in  addition  to  such  other  drawings  as  the  Board  may  issue  in  am- 
plification of  such  Contract  Drawings  as  explained  above.  All 
working  or  shop  drawings  shall  be  submitted  in  duplicate  to  the 
Engineer  for  his  approval,  which  approval  shall  be  indicated  by 
his  countersigning  one  set  of  such  working  or  shop  drawings  and 
returning  the  same  to  the  Contractor.  Should  the  working  or 
shop  drawings  be  not  in  accordance  with  the  Contract  Drawings 
and  Specifications,  then  the  Engineer  shall  return  one  set  of  such 
working  or  shop  drawings,  with  the  necessary  corrections  and 
changes  indicated  thereon,  and  the  Contractor  must  make  such 
corrections  and  changes,  and  again  submit  plans  in  duplicate  for 
the  approval  of  the  Engineer ;  and  no  work  shall  be  done  or  sub- 
contract let  upon  said  working  or  shop  drawings  until  the  ap- 
proval of  the  Engineer  be  obtained,  except  as  specified  below.  In 
the  event  of  the  Engineer  failing  to  take  any  action  within  ten 
(TO)  working  days  after  delivery  to  him  at  his  office  of  such  plans 
in  duplicate,  such  failure  shall  be  taken  as  equivalent  to  approval 
and  the  Contractor  shall  be  entitled  to  proceed  exactly  the  same  as 
if  one  set  had  been  returned  to  him  "with  the  Engineer's  approval 
indicated  by  his  signature. 


Chap.  II. — Agree  t  for  Const' n:    Specifications 

2.     MANNER  OF  PROSECUTION. 

All  the  work  shall  be  prosecuted  in  the  manner  according  to  lo-    Rapidity  and 
cation  best  calculated  to  promote  rapidity  in  construction,  to  se- 
cure safety  to  life  and  neighboring  property,  and  to  reduce  to  the 
minimum  any  interference  with  the  public  travel. 

Wherever,  in  the  judgment  of  the  Board,  traffic  or  other  local  Xight  work, 
conditions  demand,  the  work  shall  be  prosecuted  during  the  night 
only  or  during  both  the  night  and  day;  and  at  all  points  the 
Board  shall  have  power  to  require  the  Contractor  to  so  conduct 
its  work  that  it  shall  not  remain  open  or  obstruct  traffic  an  un- 
reasonable length  of  time. 

For  that  portion  of  the  route  under  Central  Park,  and  other  parks 
public  parks  or  parkways,  such  reasonable  precaution  must  be 
taken  to  protect  from  injury  all  trees,  shrubs,  other  plants  and 
grassplots,  as  may  be  called  for  by  the  authorities  specially  charged 
with  the  care  of  the  public  parks.  Such  trees  as  are  found  along 
the  line  of  the  route  and  between  the  necessary  side  lines  of  ex- 
cavation, where  open  excavation  is  permitted,  are  to  be  supported 
in  place,  if  in  the  judgment  of  Engineer  such  trees  can  thereby 
be  saved.  For  every  tree  removed  or  killed,  the  Contractor  shall 
set  out  a  new  thrifty  tree  of  similar  kind  of  a  height  not  less  than 
fifteen  (15)  feet,  and  of  a  diameter  not  less  than  three  and  one-half 
(31/2)  inches  in  such  a  position  as  the  superintendent  of  public 
parks  shall  indicate.  All  roads,  crosspaths,  grassplots,  r shrubbery 
and  other  plants,  removed  or  affected  by  the  construction  of  the 
railroad,  shall  be  restored  as  soon  as  possible  to  as  good  a  con- 
dition as  existed  before  commencing  operations.  Special  care 
must  be  taken  to  diminish  damage  wherever  open  excavation  is 
permitted,  and  the  width  of  such  excavation  must  not  exceed  the 
width  actually  necessary,  in  the  opinion  of  the  Engineer,  for  the 
proper  prosecution  of  the  work. 

In  Central  Park  there  must  be  no  disturbance  of  the  surface  centrai  park 
except  between  the  points  marked  "A"  and  "B"  on  Contract  Draw- 
ing No.  A25.  No  material  will  be  allowed  to  be  piled  in  Central 
Park  during  construction,  unless  special  permission  is  obtained 
therefor  from  the  authorities  specially  charged  with  the  care  of 
public  parks. 

For  that  portion  of  the  route  along  Park  Row  and  Broadway    Park  Row 
adjacent  to  the  Post  Office,  such  special  precautions  will  be  taken 
as  may  be  required  by  the  Engineer. 

37 


Chap.  II. — Agree 't  for  Const' n:   Specifications 


Centre  Street, 
Lafayette   Place, 
Fourth  Avenue, 
421!  Street, 
Broadway. 


Openings  limited 
to  30  days. 


New  Elm 
Street. 


Park    Avenue. 


For  that  portion  of  the  route  along  Centre  Street,  Lafayette 
Place,  Fourth  Avenue,  Forty-second  Street,  Broadway  between 
Forty-second  Street  and  Sixtieth  Street,  the  Contractor  will  be 
permitted  to  conduct  its  work  by  open  excavation.  No  opening, 
unless  roofed  over  with  timber  so  as  to  permit  the  passage  of 
vehicles  and  pedestrians,  shall  exceed  in  length  four  hundred 
(400)  feet,  nor  in  width  the  distance  to  the  centre  of  the  street  or 
the  outer  rail  of  the  car  track  next  beyond  the  centre  of  the  street, 
if  such  car  track  exists,  plus  such  reasonable  space  in  addition  as 
may  be  required  for  sheathing,  leaving  the  balance  of  the  street 
unobstructed  for  normal  surface  traffic.  No  two  unroofed  open- 
ings shall  be  within  five  hundred  (500)  feet  in  the  clear  of  each 
other,  and  every  cross  street  shall  be  bridged  over  such  opening 
for  a  width  of  at  least  fifteen  (15)  feet  for  a  carriageway  and 
with  one  (i)  foot  walk  in  addition  five  (5)  feet  in  width,  except 
at  Fourteenth  Street,  Twenty-third  Street,  Fifth  Avenue  and 
Sixth  Avenue,  where  the  bridging  for  the  carriageway  shall  be  at 
least  thirty  (30)  feet  in  width,  and  for  two  (2)  footwalks  in  ad- 
dition, each  at  least  five  (5)  feet  in  width. 

No  open  excavation  shall  be  maintained  in  front  of  any  property 
for  a  period  greater  than  thirty  (30)  working  days,  unless  the 
consent  of  the  owner  of  such  property  shall  be  filed  with  the 
Board.  Should  it  be  impossible  to  restore  the  pavement  within 
the  space  of  thirty  (30)  days,  then,  unless  permitted  by  the  prop- 
erty owner,  or  by  a  special  vote  of  the  Board,  the  Contractor  shall 
maintain  a  bridge  or  roof  over  such  excavation,  which  bridge  or 
roof  shall  not  be  subsequently  removed  for  a  period  exceeding 
four  (4)  days  at  any  one  time. 

For  that  portion  of  the  route  along  New  Elm  Street,  the  Con- 
tractor shall  be  permitted  to  conduct  its  work  by  open  excavation, 
which  may  be  the  full  width  of  the  tunnel.  The  Contractor  shall, 
however,  maintain  bridges  at  each  cross  street  at  least  twenty  (20) 
feet  in  width,  and  wherever  required  by  the  Board,  shall  so  ar- 
range its  work  as  to  give  access  to  all  property  abutting  on  Elm 
Street  which  shall  not  abut  also  on  a  cross  street,  and  not  close 
at  one  time  more  than  two  (2)  adjacent  blocks  against  vehicular 
traffic. 

For  that  portion  of  the  route  under  Park  Avenue  between 
Thirty-fourth  and  Fortieth  Streets,  the  work  shall  be  done  by  tun- 
nelling without  disturbing  the  surface  of  the  street. 


Chap.  II. — Agree' t  for  Const' n:   Specifications 

For  that  portion  of  the  route  from  the  east  side  of  the  Boule-  io4th  Street 
vard  between  One  Hundred  and  Third  and  One  Hundred  and  and  Central  Park- 
Fourth  Streets  to  the  points  marked  "A"  in  Central  Park  on  Con- 
tract Drawing  No.  A  25,  and  such  other  portions  of  the  route 
where  the  Contractor  may  so  desire,  the  work  shall  be  done  by 
tunnelling.  On  the  portion  of  the  route  above  specifically  de- 
scribed, the  Contractor  may  establish  a  shaft  of  such  suitable  size 
as  may  be  necessary,  on  the  easterly  sidewalk  of  Central  Park 
West,  leaving,  however,  a  footway  for  pedestrians  to  pass  the 
same  of  not  less  than  six  (6)  feet  in  "width,  which  for  the  pro- 
tection of  pedestrians  shall  be  securely  roofed  over  and  be  kept 
lighted  at  night.  From  this  shaft  the  Contractor  will  work  both 
ways  to  meet  the  headings  driven  easterly  from  the  Boulevard 
and  westerly  from  the  point  marked  "A"  on  Contract  Drawing 
No.  A  25.  No  encroachment  on  the  lands  of  Central  Park  at 
the  shaft  above-mentioned  will  be  allowed  without  the  express 
permission  of  the  proper  authorities  charged  with  the  care  of 
public  parks. 

On  other  portions  of  the  route  wherever  the  Contractor  may 
desire  to  work  by  tunnelling,  it  may  locate  shafts  as  approved 
by  the  Board,  of  such  size  and  in  such  locations  as  will  not 
prevent  a  reasonable  use  of  the  thoroughfares  by  vehicles  and 
pedestrians,  and  surface  tramways,  if  they  exist. 

For  that  portion  of  the  route  lying  beneath  the  Harlem  Harlem  River. 
River  and  the  approaches  thereto,  the  work  may  be  conducted 
by  means  of  compressed  air,  dredging,  open  caissons  founded 
on  piles,  or  such  other  means  as  the  Contractor  may  prefer 
and  as  may  be  approved  by  the  Engineer.  Whatever  method, 
however,  is  pursued,  must  give  the  tunnel  a  firm  foundation 
without  danger  of  settlement,  and  must  during  construction 
give  a  free  and  unobstructed  waterway,  for  the  passage  of 
vessels,  at  least  two  hundred  (200)  feet  in  width.  If  neces- 
sary, the  Contractor  must  keep  a  channel  dredged  to  a  depth 
at  least  equal  to  the  minimum  channel  depth  existing  in  the 
Harlem  River  at  the  time  of  commencing  construction.  The 
Contractor  must  also  maintain  suitable  signals  during  both 
clay  and  night,  and  during  foggy  weather  to  indicate  the  posi- 
tion of  its  temporary  work  and  must,  if  required  by  the  Engi- 
neer, protect  the  same  by  guard  piles.  When  construction  is 
finished,  all  temporary  piles  must  be  drawn  and  all  parts  of 
caissons  or  other  work  removed,  so  that  there  will  be  an  un- 

39 


Chap.  II. — Agree 't  for  Const'n:    Specifications 


Other   portions 
of  the  Route. 


obstructed  depth  of  water  over  the  top  of  the  tunnel  for  the  full 
width  of  the  river  measured  between  the  established  bulkhead 
lines  as  shown  by  the  plans. 

For  all  other  portions  of  the  route  north  of  Sixtieth  Street 
not  otherwise  specified,  the  Contractor  will  be  permitted  to 
conduct  its  work  in  the  most  expeditious  manner  possible, 
having  due  regard  for  the  safety  of  persons  and  neighboring 
property  and  under  such  reasonable  instructions  as  the  Engi- 
neer may  give  from  time  to  time  as  to  facilities  to  be  furnished 
by  the  Contractor  for  the  benefit  of  street  travel,  both  longitu- 
dinal and  cross. 

Along  the  Boulevard,  where  in  the  course  of  the  work  it  is 
necessary  to  destroy  the  trees  in  the  parkways,  the  Contractor 
;-hall  set  out  if  required,  wherever  there  exists  four  (4) 
feet  or  more  of  top  filling  over  the  roof  of  the  tunnel,  an  equal 
number  of  new  trees  of  the  same  kind  not  less  than  fifteen  (15) 
feet  in  height  and  with  a  diameter  not  less  than  three  and  one- 
half  (334)  inches.  These  trees  are  to  be  bedded  in  good  soil 
to  be  approved  by  the  Engineer,  and  are  to  be  stayed  by  suit- 
able guys  until  they  have  become  well  rooted. 


Access  to 
fire  hydrants. 


Depth  Of 
trenches. 


3.     EXCAVATION. 

Wherever  the  work  is  being  carried  on  by  open  excavation, 
access  must  be  given  by  a  bridge  to  every  fire  hydrant  and  fire 
alarm  box,  and  at  all  times  and  in  all  places  no  materials  must 
be  piled  within  four  (4)  feet  of  any  fire  hydrant  or  fire  alarm 
box ;  and  where  materials  are  piled  near  to  a  fire  hydrant  or 
fire  alarm  box,  and  to  such  height  as  to  obscure  a  sight  of  the 
same,  the  position  of  such  hydrant  or  fire  alarm  box  shall  be 
indicated,  if  required  by  the  Fire  Department,  by  suitable  sig- 
nals, both  day  and  night.  And  all  work  in  excavation  must  be 
so  conducted  or  bridged,  (if  necessary,  as  to  give  the  Fire  De- 
partment access  at  all  times  and  in  all  places  to  any  building  or 
buildings  for  the  extinguishing  of  a  fire. 

Trenches  shall  be  excavated  to  such  depth  in  soft  ground  as 
may  be  necessary  to  permit  the  laying  of  such  concrete  bed  or 
special  foundation  as  may  be  deemed  necessary  by  the  Engi- 
neer. In  rock  they  shall  be  excavated  to  such  depth  so  that 
no  projecting  point  of  rock  shall  be  within  eight  (8)  inches  of 
the  grade  of  the  finished  surface  of  the  floor. 


40 


Chap.  II— Agree' t  for  Const' n:    Specifications 
Such  excavated  sand,  gravel  or  stone  as  in  the  judgment  of  Material  ex- 

C  'I  VI  t  C  (I 

the  Engineer  is  suitable  for  use  in  mortar,  concrete  or  masonry, 
may  be  stored  and  so  used  in  the  work.  The  balance  shall  be 
removed  expeditiously  and  disposed  of  in  any  place  selected 
by  the  Contractor,  subject  to  the  ordinances  and  regulations 
of  the  City  authorities  governing  the  disposal  of  such  material, 
and  the  regulations  of  the  United  States  Government  as  to  the 
disposal  or  dumping  of  material  in  and  about  or  near  the  Har- 
bor of  New  York.  The  carting  away  of  excavated  material  Hours  of  re- 
shall  be  done  in  residential  districts  between  the  hours  of  7  moval- 
A.  M.  and  8  P.  M.,  unless  otherwise  specially  directed  by  the 
Board. 

All  material  which  with  the  permission  of  the  Board  may  be  Material  to  be 
left  temporarily  in  the  street,  shall  be  watered  by  the  Con- 
tractor when  so  directed  by  the  Engineer. 

For  the  purpose  of  facilitating  construction  and  to  diminish 
the  period  of  occupancy  of  any  street  for  the  transportation 
of  material,  the  Contractor  may,  with  the  approval  of  the 
Board,  lay  upon  or  over  the  surface  of  any  street  temporary 
tramways  to  be  used  only  for  the  removal  of  excavated  ma- 
terials and  for  the  transportation  of  materials  for  use  in  con- 
struction, provided,  however,  that  any  such  tramway  shall  be 
forthwith  removed  upon  the  direction  of  the  Board. 

All  carts,  buckets  or  other  vehicles  used  by  the  Contractor  Carts  to  be 
for  the  removal  of  material  shall  be  tight  and  so  arranged 
when  loaded  as  not  to  spill  over  the  top.  Whenever  a  cart, 
bucket  or  other  vehicle  so  used  is  leaky,  it  shall  be  immediately 
withdrawn  from  the  work  on  notification  by  the  Engineer  or 
his  duly  qualified  assistant  in  charge  of  that  portion  of  the 
work. 

All  open  excavations  shall  be  of  such  width,  in  addition  to  °Pen  Exca- 

,  .    .  ,  ,,       vations. 

that  of  the  railway,  as  shall  be  necessary  in  the  opinion  of  the 

Engineer,  for  the  proper  and  expeditious  progress  of  the  work, 
and  to  permit  the  laying  and  readjusting  of  all  sewers,  mains, 
subways  and  other  subsurface  structures  encountered  along 
the  route.  The  paving,  flagging,  bridge,  curb  or  gutter  stones, 
if  to  be  re-used,  shall  be  taken  at  once  to  be  used  on  another 
block  or  shall  be  piled  neatly  along  the  route  or  in  streets  ad- 
jacent thereto,  as  may  be  permitted  by  the  Engineer,  but  so  as 
not  to  prevent  a  reasonable  use  of  the  sidewalk  by  pedestrians, 


('//<//>.  //. — Agree'i  for  Const'n:   Specifications 


Sides  to  be 
secured. 


Quicksand. 


Pumping'. 


Hlasting. 


or  of  the  carriageway  by  vehicles  or  street  cars.  The  sides  of 
the  excavations  shall  be  secured  against  slips  by  suitable  sheet 
piling  or  sheathing,  held  in  place  by  braces,  shores  or  waling 
strips,  special  precautions  being  taken  where  there  is  addi- 
tional pressure  due  to  the  presence  of  buildings  or  other  struc- 
tures. The  Engineer  may  order  additional  braces  and  sup- 
ports, and  the  same  shall  be  promptly  put  in  place  by  the  Con- 
tractor. All  such  sheet  piling,  sheathing,  bracing,  shores  and 
waling  strips,  shall  be  put  in  place  by  workmen  especially 
skilled  for  that  purpose,  and  shall  be  so  arranged  as  to  permit 
their  being  withdrawn  when  the  trenches  are  being  backfilled. 
In  the  event  of  encountering  quicksand,  sub-surface  streams  or 
similar  dangerous  contingencies,  or  where  passing  especially 
heavy  buildings  which  by  their  construction  or  position  might 
bring  a  great  pressure  upon  the  trenches,  the  right  is  reserved 
b.y  the  Board  for  the  Engineer  to  direct  that  but  a  short  length 
of  trench  shall  be  opened  at  one  time,  and  furthermore  to 
direct,  if  necessary,  that  the  same  shall  be  securely  sheathed 
and  braced  on  all  sides  after  the  manner  of  a  shaft,  and  that 
the  permanent  work  be  constructed  in  such  shaft  and  back- 
filled before  another  opening  is  made.  Whenever  water  is  en- 
countered in  trenches,  the  same  shall  be  removed  by  baling  or 
pumping,  great  care  being  taken  when  pumping  that  the  sur- 
rounding particles  of  soil  be  not  disturbed  or  removed.  If 
necessary  to  prevent  such  disturbance,  the  pumping  must  be 
done  by  a  series  of  driven  wells  whose  points  are  protected  by 
fine  wire  cloths,  and  the  rate  of  flow  at  each  well  being  made 
so  slow  as  not  to  remove  the  particles  of  soil ;  or  the  pumping 
must  be  done  by  other  means  approved  by  the  Engineer.  The 
delivery  from  all  pumps  shall  be  conducted  into  the  adjacent 
sewers,  and  the  delivery  pipes  shall  be  so  arranged  as  to  be 
readily  inspected  at  all  times  to  ascertain  if  the  water  is  free 
from  particles  of  soil. 

Whenever  rock  is  encountered  in  any  trench,  and  blasting 
is  necessary  for  its  removal,  all  necessary  precautions  must  be 
exercised  by  the  Contractor,  and  before  blasts  are  fired  the 
same  must  be  covered  with  logs,  as  required  by  the  ordinances 
of  the  City  of  New  York  relative  to  blasting.  Explosives 
shall  be  used  only  of  such  character  and  strength  as  may  be 
permitted  by  the  Board,  and  the  right  is  reserved  for  the  En- 


42 


Chap.  II. — Agree't  for  Const' n:   Specifications 

gineer  to  direct  that  in  special  cases  ordinary  blasting  powder 
only,  in  small  charges,  shall  be  used. 

\Yherever  any  pipe  or  main  is  encountered  in  the  trench, 
right  is  reserved  to  direct  that  all  rock  within  five   (5)   feet 
of  the  same  shall  be  removed  by  means  other  than  blasting. 
In  residental  districts  no  blasts  in  open  trenches  shall  be  fired, 
without  the   special   permission   of   the    Board,   between   the 
hours  of  8  P.  I\I.  and  7  A.  M.    No  larger  quantity  of  explosives    Hours  for 
shall  be  kept  on  the  line  of  the  work  than  will  be  actually  re-   Blasting, 
quired  for  the  twelve   (12)   hours  of  work  next  ensuing,  and 
such  supplies  shall  be  divided  as  far  as  possible  and  kept  under 
lock,  the  key  to  which  being  only  in  the  hands  of  the  foreman 
or   other    equally   trustworthy   person.     The    amount   of   ex-  storage  of 
plosives  kept  in  any  one  place  shall  not  exceed  the  limit  per-  Explosives. 
mitted  by  any  ordinance  of  the  city,  or  as  may  be  determined 
by  the  Board.     Caps  and  exploders  shall  not  be  kept  in  the 
same  place  with  dynamite  and  other  explosives.    During  freez- 
ing weather,  spe.cial  precautions  shall  be  taken  as  to  the  care 
and  manipulation  of  dynamite. 

4.     BACKFILLING. 

The  trenches  at  the  sides  of  and  over  the  top  of  the  tunnel,  Layers, 
shall  be  backfilled  with  sand,  gravel,  or  other  good  clean  earth 
and  free  from  stones  exceeding  eight  (8)  inches  in  diameter 
and  not  containing  in  any  place  a  proportion  of  stone  below 
that  size  exceeding  one  (i)  part  of  stone  to  three  (3)  parts 
of  earth.  The  filling  shall  be  deposited  in  layers  not  exceed- 
ing nine  (9)  inches  in  thickness,  well  watered  arid  thoroughly 
packed  by  rammers  weighing  not  less  than  thirty  (30)  pounds 
each,  and  in  such  manner  that  no  unbalanced  pressure  can  be 
thrown  upon  the  tunnel  or  any  sewer,  pipe  or  other  subsur- 
face structure.  Whenever  pipes,  sewers,  or  other  subsurface 
structures  are  met  with,  the  filling  must  be  carefully  packed, 
rammed  and  tamped  under  such  subsurface  structures,  using 
special  tools  for  the  purpose.  No  filling  of  trenches  with  frozen 
earth  will  in  any  case  be  permitted.  As  fast  as  the  work  of  Timber  to  be 
filling  permits,  sheathing  and  other  timber  supporting  the  withdrawn. 
sides  of  the  excavation  shall  be  carefully  withdrawn,  or  left 
in  place  as  directed  by  the  Engineer. 

43 


Chap.  II. — Agrce't  for  Const' n:   Specifications 


Piles. 


Foundation 
timber. 


Timber  for 

temporary 

purposes. 


Tunnels  to  be 
lined. 


5.     PILING  AND  TIMBERING. 

At  situations  where  the  excavation  is  in  wet  ground,  or  for 
the  foundations  of  any  part  of  the  viaduct  portions  of  the  rail- 
road, if  in  the  judgment  of  the  Engineer  the  ground  is  of 
such  a  character  as  to  require  piling,  the  Board  may  direct 
the  Contractor  to  drive  piles.  Such  piles  shall  be  of  good 
sound  oak,  pine  or  spruce,  straight  and  free  from  shakes ;  they 
shall  be  not  less  than  twelve  (12)  inches  in  diameter  at  the 
butt  end,  or  less  than  six  (6)  inches  in  diameter  at  the  point, 
and  shall  be  driven  to  the  satisfaction  of  the  Engineer  and 
by  means  of  a  steam  hammer  driver  if  so  required  by  him. 
If  necessary  the  points  of  the  piles  shall  be  protected  by  proper 
shoes,  and  the  butts  by  rings  or  caps.  Piles  shall  not  be  spliced 
unless  permitted  by  the  Engineer,  and  then  in  such  a  man- 
ner as  he  directs.  Piles  shall  be  carefully  cut  off  to  the  grade 
given  by  the  Engineer. 

All  foundation  timber  shall  be  of  pine  or  spruce,  or  other 
timber  permitted  by  the  Engineer,  sound  and,  free  from  shakes. 
It  shall  be  of  such  dimensions,  and  laid  in  such  manner,  as  the 
special  plans  to  be  issued  shall  require,  and  held  in  place  by 
spikes  or  good  seasoned  oak  or  locust  treenails. 

All  timber  used  for  sheeting,  shoring,  bracing,  bridging  or 
other  temporary  purposes,  shall  be  sound  and  free  from  any 
defect  that  may  impair  its  strength.  The  top  or  wearing  sur- 
face of  all  bridging  used  for  carriageways  shall  be  of  hard 
yellow  pine,  sound,  straight,  and  free  from  all  shakes,  and 
large  loose  knots.  All  sheathing  and  timber  used  temporarily 
shall  be  put  in  place  by  skilled  mechanics,  keyed  tight  by 
wedges  where  necessary,  and  so  arranged  as  to  be  withdrawn 
readily  without  endangering  the  adjoining  soil. 

6.     TUNNELLING. 

All  tunnels,  unless  otherwise  ordered  by  the  Board,  shall 
be  lined  with  concrete  or  brick  masonry.  Where  tunnels  are 
in  rock  and  said  rock  is  dry  and  free  from  waterbearing  seams, 
the  lining  may  be  of  brick  or  concrete,  at  the  option  of  the 
Contractor.  Where  in  wet  ground  the  lining  shall  be  of  brick 
of  which  at  least  one  ring  in  the  arch  and  one  brick  thick- 
ness in  the  sidewalls,  shall  be  laid  in  asphalt  as  prescribed 
in  these  specifications  relative  to  waterproofing. 


44 


Chap.  II. — Agree 't  for  Const' n:   Specifications 

The  spacing  between  the  extrados  of  the  arch  or  back  of  Packing, 
the  sidewalls  and  the  rock  or  other  materials  of  excavation, 
shall  be  completely  filled  with  dry  packing  of  sound  stone  of 
approved  size  and  quality  and  free  from  perishable  matter,  or 
with  rubble  masonry  laid  in  natural  cement  mortar,  or  with 
concrete,  as  may  be  ordered  by  the  Engineer.  The  filling  of 
whatever  nature  to  be  carefully  and  thoroughly  compacted  so 
as  to  bring  a  uniform  pressure  on  the  masonry. 

Whenever  dry  packing  is  used,  the  extrados  of  the  arch  and  Extrados  to  be 
back  of  the  sidewalls  where  in  contact  with  such  dry  packing,  coated- 
shall  be  covered  with   a  coating  of   natural    cement   mortar 
mixed  one  (i)  portion  cement  to  one   (i)   portion  sand,  and 
not  less  than  one-half  (l/2)  inch  thick. 

.The  tunnels  shall  be  excavated  to  the  lines  as  shown  on  Blasting, 
the  plans.  Drilling  and  blasting  must  be  conducted  with  all 
possible  care  and  in  such  manner  as  not  to  shatter  the  roof 
and  sides  outside  of  the  section  lines,  nor  endanger  adjoining 
property.  Blasts  shall  not  be  fired  between  the  hours  of  8 
P.  M.  and  7  A.  M.  where  tunnels  are  in  front  of  private  resi- 
dences, without  the  express  permission  of  the  Board  and  under 
such  restrictions  as  it  may  impose. 

Whenever  any  loose  rock  occurs  outside  the  lines  of  the  Loose  Rock, 
excavation,  whose  fall  or  settlement  might,  in  the  judgment 
of  the  Engineer,  produce  an  unequal  or  concentrated  pressure 
on  the  masonry,  the  same  shall  be  removed. 

All   seams   carrying   water   shall   be    carefully   drained,    as   Drainage  of 
specified  under  the  clauses  relating  to  drainage. 

In  soft  ground  the  Contractor  must  take  every  precaution,  Soft  ground, 
or  such  precautions  as  the  Engineer  may  direct,  by  suitable 
shields,  timbering,  lagging  or  other  supports,  to  prevent  any 
settlement  or  movement  of  surrounding  ground.  Such  timber 
as  cannot  be  drawn  without  endangering  the  work  or  the 
ground  above,  shall  be  left  in  place  and  thoroughly  surrounded 
by  masonry  or  dry  packing,  as  the  Engineer  may  direct. 

All  methods  of  tunnelling  shall  be  subject  to  the  approval  Methods  to  be 

of  the  Engineer,  and  be  changed  from  time  to  time  if,  in  his  a 
judgment,  the  local  conditions  so  require. 

In   arched  cut  and  cover  work  the  arching  and  side  walls  Arched  cut  and 

shall  be  of  concrete  or  brick  masonry,  with  proper  precaution  c 

45 


Chap.  II. — Agree' t  for  Const'n:   Specifications 


Brand  to  be 
approved. 


Inspection  and 
tests. 


taken  in  each  case  to  prevent  leaks,  as  prescribed  in  the  clauses 
relating  to  waterproofing. 

7.  CEMENT. 

Best  Quality.  Natural  and  Portland  cement,  slow  or  quick  setting,  as 

directed,  and  equal  in  quality  to  the  best  grades  of  Rosendale 
and  American  Portland  cements  respectively  are  to  be  used 
and  delivered  in  well  made  casks  or  such  other  packages  as 
may  be  approved  by  the  Engineer. 

Before  any  cement  will  be  allowed  to  be  used,  the  brand 
and  name  of  the  maker  must  be  submitted  to  and  receive  the 
approval  of  the  Engineer,  and  no  cement  will  be  permitted  to 
be  used  that  is  not  in  all  respects  satisfactory  to  him. 

All  cements  used  shall  be  subject  to  inspection  and  such 
rigorous  tests  as  shall  be  ordered  by  the  Engineer,  preference 
being  given  to  cements,  however,  which,  by  their  records, 
show  a  tendency  to  develop  strength  steadily  for  long  periods, 
unless  for  special  purposes  cement  is  required  that  will  de- 
velop great  strength  in  a  short  time. 

The  Contractor  must  at  all  times  keep  in  store,  at  some 
convenient  point  in  the  vicinity  of  the  work,  or  at  the  place 
of  manufacture,  should  the  Engineer  so  elect,  a  sufficient 
quantity  of  cement  to  allow  ample  time  for  tests  to  be  made, 
and  the  Engineer  shall  be  notified  at  once  of  each  delivery. 
Cements  shall  be  stored  in  a  tight  building,  each  cask  or  pack- 
age being  raised  several  inches  above  ground  by  blocking  or 
otherwise,  and  ample  storage  room  must  be  provided  so  that 
each  separate  lot  of  not  more  than  one  hundred  (100)  barrels 
can  be  stored  so  as  to  make  it  convenient  to  identify  each  in- 
dividual lot  in  case  of  its  rejection,  or  in  case  of  the  necessity 
for  further  tests. 

8.  MORTAR. 

All  mortar  shall  be  prepared  from  cement  in  perfect  con- 
dition, which  has  passed  the  tests  required  by  the  Engineer, 
and  clean,  sharp  sand,  free  from  loam  or  foreign  matter,  and 
anproved  by  the  Engineer.  These  ingredients  shall  be 
thoroughly  mixed  dry  in  the  proportions  as  specified  below ; 
a  moderate  dose  of  water  is  then  to  be  added,  so  as  to  pro- 
How  mixed  f^uce  a  st^  paste  of  the  proper  consistency.  The  mortar  shall 


Methods  of 
storing. 


Sand. 


46 


Chap.  II. — Agree 't  for  Const' n:   Specifications 

be  freshly  mixed  for  the  work  in  hand,  in  proper  boxes  made 
for  that  purpose,  and  no  mortar  shall  be  used  that  has  become 
hard  or  has  taken  an  initial  set.  nor  shall  any  mortar  be  used 
that  has  stood  beyond  such  limit  of  time  as  may  be  ordered 
by  the  Engineer.  No  retempering  of  mortar  will,  under  any 
circumstances,  be  permitted. 

In  mixing  mortar,  the  cement  shall  be  measured  as  packed  Cement  how 
in   the   casks   received    from   the   manufacturer,   or   in   other  measured. 
packages  equivalent  to  casks,  and  the  proportions  by  volume 
shall  be,  for  the  various  classes  of  work,  as  specified  below: 

Brick  masonry,  i  portion  Portland  Cement,  2  portions  sand. 

Column  footing  stones,  I  portion  Portland  Cement,  2  por- 
tions sand. 

Stone   masonry,   i   portion   Portland  Cement,  2l/2   portions 
sand. 

Rubble  masonry,  i  portion  Natural  Cement,  2  portions  sand. 

Pointing,  i  portion  Portland  Cement,  i  portion  sand. 

Concrete  masonry,  as  specified  under  the  head  of  concrete. 

For  other  classes  of  work,  as  directed  by  the  Engineer. 

9.     CONCRETE. 

The  concrete  shall  be  composed  of  sound,  clean,  screened  How  composed, 
gravel  or  sound  broken  stone,  or  a  mixture  of  both,  free  from 
all  dirt  and  dust,  and  mixed  together  with  the  proportion  of 
mortar  specified  below. 

The  broken  stone  or  gravel  used  for  concrete  for  the  finish-  size  Of  stone 
ing  floor  of  the   railway,   must  not  exceed  one    (i)   inch   at  in  finishing 
their  largest  diameter. 

For  all  other  concrete  the  maximum  diameter  for  broken   size  Of  stone 
stone  or  gravel  unless  specifically  permitted  by  the  Engineer  other  concrete, 
must  not  exceed  in  any  direction  two  (2)  inches,  with  a  mini- 
mum diameter  of  one-quarter  (^4)  of  an  inch. 

In  all  concrete  where  the  thickness  is  thirty  (30)  inches  Rubble  concrete, 
or  more,  the  Contractor  may  imbed  in  the  same  broken  pieces 
of  sound  stone  whose  greatest  diameter  does  not  exceed  twelve 
(12)  inches  and  whose  least  diameter  or  thickness  is  not  less 
than  three-quarters  ($4)  of  the  greatest  diameter.  These 
stones  shall  be  set  by  hand  in  the  concrete  as  the  layers  are 
being  rammed,  and  so  placed  that  each  stone  is  completely 
and  perfectly  bedded.  No  two  stones  are  to  be  within  six  (6) 

47 


Chap.  II. — Agree' t  for  Const' n:   Specifications 


Proportions  of 
concrete. 


Stone  to  be 
wet 


To  be  laid 
immediately. 


inches  of  each  other  and  no  stones  within  four  (4)  inches  of 
an  exposed  face. 

The  proportions  of  mortar  and  stone  used  in  making  con- 
crete shall  be  as  follows : 

Concrete  in  arches  of  roof  and  sidewalls,  where  the  thick- 
ness does  not  exceed  18  inches,  one  (i)  portion  Portland 
cement,  2  portions  sand,  4  portions  stone. 

Concrete  in  sidewalls  or  tunnel  arches,  where  backing  is 
rock  in  place,  i  portion  Portland  cement,  2l/2  portions  sand 
and  5  portions  stone. 

Concrete  in  foundations  in  wet  ground,  where  thickness,  ex- 
clusive of  finishing  floor  concrete,  does  not  exceed  24  inches, 
i  portion  Portland  cement,  2  portions  sand,  4  portions  stone. 

Concrete  in  foundations  in  wet  ground  where  thickness,  ex- 
clusive of  finishing  floor  concrete,  exceeds  24  inches,  i  por- 
tion Portland  cement,  2l/2  portions  sand,  5  portions  stone. 

Concrete  in  foundations  in  dry  ground,  i  portion  Portland 
cement,  2l/2  portions  sand,  5  portions  stone. 

Concrete  in  foundations  where  on  rock,  if  not  exceeding  12 
inches  in  thickness,  i  portion  Portland  cement,  2l/2  portions 
sand,  5  portions  broken  stone.  If  exceeding  12  inches,  i  por- 
tion Portland  cement,  3  portions  sand,  6  portions  broken  stone. 
(Note. — If  the  rock  is  dry,  Natural  cement  may  be  substituted 
for  Portland  cement  in  above,  but  increasing  the  quantity  of 
cement  used  thirty  (30)  per  cent.). 

Concrete  in  mass,  such  as  retaining  walls,  or  backing  of 
masonry  retaining  walls,  in  dry  ground,  i  portion  Natural 
cement,  2l/2  portions  sand,  5  portions  stone.  If  such  retaining 
walls  or  backing  are  in  wet  ground,  or  subject  to  extraordinary 
strain,  then  Portland  cement  shall  be  substituted  for  Natural. 

The  broken  stone  or  gravel  shall  be  spread  on  a  platform 
sprinkled  with  water,  and  then  thoroughly  mixed  with  the 
mortar  in  the  proportions  as  specified  above.  Machinery  for 
the  mixing  of  concrete  may  be  used  if  approved  by  the  En- 
gineer. 

The  concrete  shall  be  laid  immediately  after  mixing  and 
be  thoroughly  compacted  throughout  the' mass  by  ramming. 
The  amount  of  water  used  in  making  the  concrete  shall  be 
approved  by  the  Engineer. 


48 


Chap.  II. — Agree 't  for  Const' n:   Specifications 

The  concrete  shall  be  allowed  to  set  for  twelve  (12)  hours,  To  be  allowed 
or  more,  if  so  directed,  before  any  work  shall  be  laid  upon  t( 
it;  and  no  walking  over  or  working  upon  it  shall  be  allowed 
while  it  is  setting. 

Before  laying  concrete  on  rock  surfaces  the  latter  shall  be  Rock  to  be 
swept  clean  of  all  debris  and  dirt. 

Whenever  it  becomes  necessary  to  lay  fresh  concrete  next  How  to  join 
to  or  on  top  of  concrete  in  which  the  mortar  has  already  set, 
the  surface  of  the  old  concrete  shall  be  well  washed  and  a 
thin  layer  of  clear  cement  shall  then  be  spread  over  it  imme- 
diately previous  to  the  laying  of  the  fresh  concrete. 

Suitable  molds  shall  be  provided  by  the  Contractor  to  sup-  Moldi. 
port  the  concrete  while  being  rammed  in  the  walls  or  roofs. 
These  molds  shall  be  immediately  replaced  by  new  ones  as 
soon  as  they  commence  to  lose  their  proper  shape.  Before 
being  used  they  shall  be  carefully  cleaned  of  cement  and  dirt 
and  shall  present  to  the  concrete  on  the  surface  afterwards  ex- 
posed to  sight  a  perfectly  smooth  surface,  to  be  obtained  by 
covering  such  portion  of  the  molds  with  sheet  metal,  or  by 
carefully  planing  the  wood  and  coating  the  face  of  the  same 
with  black  oil.  In  no  case  on  an  exposed  surface  of  the  con- 
crete must  the  joints  of  any  component  pieces  of  the  mold, 
nor  the  grain  of  the  wood,  be  visible.  The  molds  shall  be  set 
true  to  line,  firmly  secured,  and  be  so  tight  as  not  to  allow 
water  in  the  mortar  to  escape.  They  shall  remain  in  place 
until  the  concrete  is  thoroughly  set,  and  in  the  event  of 
pressure  coming  at  once  on  the  concrete,  such  additional  time 
as  the  Engineer  may  direct. 

On  removing  the  molds,  if  any  voids  or  irregular  connec-  Voids  to  be 
tions  with  the  steel  framework  are  discovered,  such  defective  filled. 
work  shall  be  cut  out  and  filled  with  a  rich  concrete  or  mortar, 
in  such  proportion  and  in  such  manner  as  the  Engineer  may 
direct. 

10.     BRICK  MASONRY. 

Bricks  for  all  masonry,  except  where  enamelled  bricks  are  Quality, 
specified,  shall  be  of  the  best  quality,  hard  burned  bricks, 
burned  hard  entirely  through,  regular  and  uniform  in  shape 
and  size  and  of  compact  texture.  Special  bricks  of  pressed  con- 
crete or  other  equally  durable  material  may  be  used  if  ap- 
proved by  the  Engineer. 

49 


Chap.  II. — Agree' 't  for  Const' n:   Specifications 


Enamelled 
bricks  or  tiles. 


Firsts  and 
seconds. 


Lower  than 
seconds. 


Fine  joints. 


Bricks  how  laid. 


Surfaces  to  be 
scraped. 


Bricks  to  be 
culled. 


Unfinished 
work. 


Special  bricks. 


Enamelled  bricks  or  tiles  will  be  accepted  as  "run  of  kiln," 
provided  that  no  brick  or  tile  shall  go  into  the  work  that  is 
unsound,  or  has  any  defect  that  impairs  its  strength  or  durabil- 
ity. Enamelled  bricks  or  tiles  will  be  carefully  inspected  and 
only  "firsts"  and  "seconds"  used  in  stations,  care  being  taken 
to  so  distribute  ^them  that  only  firsts  shall  be  laid  in  the  most 
exposed  places. 

Enamelled  bricks  or  tiles  grading  below  seconds  shall  be 
used  in  the  lining-  of  jack-arches  over  the  railway  at  the  sta- 
tions and  in  the  lining  of  the  sidewalks  of  the  railway  for  a 
distance  of  at  least  thirty  (30)  feet  in  both  directions  from  the 
ends  of  the  platform. 

Enamelled  bricks  or  tiles  must  be  laid  by  workmen  espe- 
cially skilled,  with  very  fine  joints  and  perfectly  true  to  line 
and  surface. 

All  brick  masonry  shall  be  laid  in  mortar  of  the  quality 
above  described,  except  that  in  exposed  locations  coloring 
matter  may  be  added,  if  permitted  by  the  Engineer.  The 
bricks  shall  be  laid  to  line  with  joints  in  the  face  work  not 
exceeding  one-quarter  (%)  inch  in  the  beds,  and  three-eighths 
(^)  inch  on  ends;  the  bricks  to  be  thoroughly  wet  before 
laying  and  to  be  completely  imbedded  in  mortar  under  the 
bottom  and  on  the  sides  and  ends  at  one  operation,  care  being 
taken  to  have  every  joint  full  of  mortar. 

All  exterior  surfaces  shall  be  smooth  and  regular. 

The  inside  faces  of  all  arches  and  other  exposed  parts  shall 
have  all  the  mortar  scraped  off  within  three  (3)  days  after 
the  centres  have  been  struck,  and  shall  be  pointed  and  left 
in  neat  condition. 

All  bricks  of  whatever  nature  will  be  carefully  culled  be- 
fore laying,  at  the  expense  of  the  Contractor.  No  "bats"  shall 
be  used  except  in  large  masses  of  brickwork,  where  a  moderate 
proportion,  to  be  determined  by  the  Engineer,  shall  be  used, 
but  nothing  smaller  than  half  bricks. 

All  unfinished  work  must  be  racked  back  or  toothed,  as 
directed  by  the  Engineer,  and  before  new  work  is  joined  to 
it  the  faces  of  the  bricks  in  the  old  must  be  scraped  entirely 
clean,  scrubbed  with  a  stiff  brush  and  be  well  moistened. 

Where  necessary  to  make  a  neat  joint  in  connection  with 
steel  framework,  or  at  corners,  curves,  or  other  similar  places, 


Chap.  II. — Agree V  for  Const' n:   Specifications 

special  bricks  of  proper  shape  shall  be  furnished  and  used. 

All  centres  made  to  fit  the  curves  of  the  work  shall  be  made,    Centres. 

put  up  and  removed  in  a  manner  satisfactory  to  the  Engineer. 

ii.     STONE  MASONRY. 

Cut  stone  masonry  will  be  used  for  footing  stones  of  col-  Where  used, 
umns,  copings,  ventilating  openings,  portals,  and  other  ex- 
posed surfaces  where  the  line  passes  from  tunnel  to  viaduct 
and  from  viaduct  to  tunnel.  Such  masonry,  except  as  other- 
wise specified,  shall  be  of  granite,  unless  some  other  durable 
stone  is  accepted  by  the  Board. 

All  stone  masonry  in  connection  with  portals,  and  ap-  HOW  finished, 
preaches  thereto,  shall  be  left  with  a  rock  face,  rough  pointed, 
or  fine  hammered,  in  accordance  with  the  design  and  the  va- 
rious positions  in  which  the  stones  are  placed.  The  stones 
used  in  such  work,  or  other  exposed  positions,  must  be  of 
uniform  color,  free  from  all  seams,  discolorations,  and  other 
defects. 

Footing  stones  for  columns  shall  be  of  the  dimensions  and  Footing  stones, 
shapes  shown  on  the  plans,  shall  be  strong  and  free  from  de- 
fects, and  shall  be  set  in  Portland  cement  mortar.      Before 
being  set  the  tops  shall  be  rough-pointed  without  chisel  draft. 
The  vertical  sides  shall  be  left  quarry  faced,  the  portion  of 
the  top  where  the  column  base  plate  is  to  sit  dressed  with 
pean  hammers,  and  the  bed  brought  to  a  plane  such  that  at 
no  point  will  it  be  more  than  three-quarters  (^4)  of  an  inch  TO  be  set  high, 
from  a  straight  edge  laid  across  in  any  direction.     In  case 
the  contractor  fails  to  set  the  footing  stones  true  to  line  and 
surface,  then  they  shall  be  set  with  their  tops  about  one-eighth 
(%)  of  an  inch  above  the  grade  called  for  by  the  plans,  and 
not  less  than  two   (2)   days  after  being  set  they  shall  have 
their  tops  dressed  with  pean  hammers,  so  as  to  form  accurate 
seats  for  the  base  plates  of  the  columns.     Holes  shall  be  ac-  Anchor  bolt 
curately  drilled  for  anchor  bolts,  and  filled  with  neat  Port-  noles- 
land  cement  mortar  after  the  bolts  are  set  in  place. 

The  masonry  in  the  face  walls  of  the  portals  shall  be  of  Portals, 
first-class  rock-faced  ashlar. 

The  retaining  walls  of  open  cuts  adjacent  to  tunnel  portals  Retaining  walls 
shall  be  faced  with  good  red  face  bricks  for  a  thickness  of  m  cuts- 
at  least  twelve  (12)  inches  and  backed  with  concrete. 


Chap.  II. — Agrcc't  for  Const' 11:    Specifications 


Retaining  walls 
in  fills. 


Sizes  of  stone. 


Backing  of  walls. 


Coping  stones. 


Railings. 


The  retaining  walls  of  the  embankments  in  the  Boulevard 
at  I23d  and  I33d  streets  shall  be  faced  with  first  quality  very 
hard  face  bricks  of  color  approved  by  the  Engineer  and  divided 
into  panels  by  cut  stone  pilasters  all  resting  on  a  granite 
sub-base. 

The  retaining  walls  of  the  embankment  in  Westchester 
Avenue  shall  be  faced  with  first  quality  very  hard  bricks  or 
first-class  rock-faced  ashlar  of  the  quality  as  described  be- 
low. The  retaining  walls  at  Fort  George  shall  be  faced  with 
native  stone  ashlar. 

The  sizes  of  the  stones  and  the  depths  of  the  courses  shall 
be  according  to  the  plans  to  be  furnished  by  the  Board.  All 
bed  joints  shall  be  truly  horizontal  and  all  end  joints  truly 
vertical.  The  stones  shall  be  accurately  squared,  jointed  and 
bedded  over  their  whole  surface  and  laid  with  one-half  (l/2) 
inch  joints,  except  in  the  native  stone  masonry  where  the 
joints  shall  not  exceed  three-fourths  (^4)  of  an  inch.  The 
proportion  of  headers  to  stretchers  shall  be  as  directed  by 
the  Engineer,  but  not  less  than  one  (i)  header  to  four  (4) 
stretchers. 

All  retaining  walls  shall  have  a  backing  composed  of  cori- 
crete  or  good  range  rubble,  made  of  some  sound  stone,  ac- 
ceptable to  the  Engineer,  but  all  thoroughly  bonded  with  and 
tied  to  the  face  of  the  wall.  If  rubble  be  used,  the  stones 
must  be  bedded  in  the  same  way  as  those  in  the  face,  but 
not  jointed,  and  must  be  well  fitted  to  their  places,  the  inter- 
stices being  filled  with  sound  stones.  If  concrete  be  used, 
the  same  shall  be  composed  of  materials  and  mixed  in  the 
manner  as  specified  in  the  clauses  relating  to  concrete.  It 
shall  be  built  up  in  layers  evenly  with  the  stone  facing,  par- 
ticular care  being  taken  to  have  the  concrete  well  rammed, 
and  the  headers  so  set  that  the  facing  and  backing  shall  be 
firmly  bonded. 

The  walls  shall  be  finished  with  suitable  copings  as  per  plans 
to  be  furnished  by  the  Board.  These  copings  are  to  be  cut  to 
exact  dimensions,  with  all  mouldings,  angles  and  arrises  true,  well 
defined  and  sharp. 

The  copings,  except  at  Fort  George,  shall  be  surmounted  by  a 
masonry  wall  at  least  six  (6)  'feet  in  height.  At  Fort  George 
the  coping  shall  be  surmounted  by  an  iron  hand-rail. 


Chap.  11. — Agree 't  for  Const' n:   Specifications 

Refuge  niches,  archways  and  quoins,  and  other  special  parts,  Refuge  niches. 
shall  be  finished  in  rough  pointed  work  and  with  stones  of  such 
dimensions  as  called  for  by  the  plans  to  be  furnished  by  the  Board. 

In  rock  faced  work  the  arrises  of  the  stones  enclosing  the  rock  Rock   face 
face  must  be  pitched  to  true  lines,  the  face  projections  to  be  bold, 
and  not  exceeding  three  (3)  inches  beyond  the  plane  of  the  ar- 
rises.    The  angles  of  all  walls  on  structures  having  rock  faces  Chisel  drafts, 
are  to  be  defined  by  a  chisel  draft  not  less  than  two  (2)  inches 
wide.     In  rough  pointed  work  the  stones  shall  at  all  points  be   Roughpointing. 
full  to  the  true  plane  of  the  face,  and  at  no  point  shall  project 
beyond  one-quarter  (X)  of  an  inch,  the  arrises  to  be  sharp  and 
well  defined.     Each  stone  to  have  its  arrises  well  defined  by  a 
chisel  draft  one  and  one-half   (il/z}  inches  in  width,  unless  re- 
duced by  the  Engineer. 

In    bush-hammered    work   the    fac^s    of    the    stones    shall    be   Bush  hammer- 
brought  to  a  true  plane  and  fine  dressed  with  a  bush  hammer  inff- 
having  six  (6)  blades  to  the  inch. 

If  directed  by  the  Engineer  all  stone  shall  be  sprinkled  before  Stones  to  be 
being  laid.  sprinkled. 

In  case,  during  the  progress  of  the  work,  any  rubble  or  other  Rubble  masonry, 
masonry  of  different  class  from  that  specified  above  shall  become 
necessary,  or  shall  be  desired  by  the  Board,  the  same  shall  be 
constructed  according  to  the  specifications  applicable  to  the  best 
work  of  such  class,  and  according  to  the  directions  of  the  En- 
gineer. 

The  pointing  of  the  faces  shall  be  thoroughly  made  with  Port-  Pointing  mortar, 
land  cement  mortar,  mixed  in  the  proportion  of  one  portion  of 
cement  to  one  portion  of  sand. 

Unless  otherwise  permitted,  every  joint  to  be  raked  out  within  Joints  to  be 
two  days  after  being  laid,  to  a  depth  of  at  least  two  inches. 

No  pointing  shall  be  done  in  freezing  weather  and  all  masonry  Freezing  weather, 
laid  between  December  ist  and  April  ist  shall  not  be  pointed  until 
permitted  by  the  Engineer.  During  ^  freezing  weather  such  ma- 
sonry only  will  be  built  whose  construction  cannot  be  postponed, 
in  the  judgment  of  the  Engineer,  except  at  the  cost  of  delaying 
the  work.  The  Contractor  must  provide  salt,  or  appliances  for 
heating  the  water  and  steaming  the  building  materials  according 
to  the  specific  directions  of  the  Engineer. 

53 


Chap.  II. — Agree 't  for  Const' n:   Specifications 


Natural    cement 
not  to  be  used  in 
freezing   weather. 

Protection'  during 
hot  weather. 


Defective 
masonry. 


Masonry, 
definition  of. 


Natural  cement  will  not  be  permitted  to  be  used  in  freezing 
weather.  During  such  weather  Portland  cement  must  be  sub- 
stituted in  its  place. 

During  hot  weather  all  masonry,  especially  concrete,  shall  be 
kept  wet  by  sprinkling  and  be  covered  until  the  same  has  become 
hard  enough  to  prevent  drying  and  cracking. 

Any  masonry  which  is  found  to  be  defective  from  any  cause 
at  any  time  before  the  acceptance  of  the  work  must  be  removed 
and  properly  rebuilt. 

The  word  "masonry,"  "where  it  occurs  in  these  specifications, 
covers,  unless  otherwise  specified,  masonry  of  all  kinds,  whether 
of  concrete,  brick  or  stone. 


Percolation   of 
water  to  be 
prevented. 


Preparation   of 
foundations. 


Layer   of  ihot 
asphalt. 


Layer  of  felt. 


Omission  in  dry 
loundations. 


Side  wall 
construction. 


12.     WATERPROOFING. 

It  is  the  very  essence  of  these  specifications  to  secure  a  railway 
structure  where  underground,  which  shall  be  entirely  free  from 
the  percolation  of  ground  or  outside  water,  to  which  end  construe 
tion  shall  be  carried  out  as  follows : 

After  the  soil  has  been  excavated  to  the  required  depth  and 
dressed  off  to  a  true  grade  as  directed  by  the  Engineer,  there  shall 
be  laid  a  bed  of  concrete  of  the  proportions  as  herein  described,  of 
such  thickness  as  the  local  conditions  demand,  in  the  judgment  of 
the  Engineer.  On  such  bed,  which  shall  be  made  as  level  and 
smooth  as  possible  on  the  top  surface,  there  shall  be  spread  a  layer 
of  hot  asphalt,  and  on  such  asphalt  there  shall  be  immediately 
laid  sheets  or  rolls  of  felt,  all  of  the  quality  hereinafter  described ; 
another  layer  of  hot  asphalt  shall  be  spread  over  the  felt ;  another 
layer  of  felt  laid,  and  so  on  until  not  less  than  two  (2)  such  layers 
of  felt  nor  more  than  six  (6)  be  laid  with  asphalt  between  each 
layer,  and  below  and  on  top.  On  top  of  the  upper  surface  of 
asphalt  the  remainder  of  the  concrete  as  called  for  by  the  contract 
drawings  shall  be  put  in  place.  In  dry  open  soil  the  felt  in  the 
floor  concrete  may  be  omitted,  the  base  course  of  concrete  being 
covered  with  one  good  layer  of  asphalt.  In  rock  excavation, 
where  the  same  is  dry  and,  above  "water  level,  both  the  felt  and 
the  asphalt  in  the  floor  may  be  omitted. 

When  the  I-beam  columns  of  the  side  walls  are  set  and  secured 
permanently  in  place,  the  concrete  composing  the  sidewalks  shall 
be  ran->med  in  place  in  such  manner  that  the  back  or  outer  face  is 
flush  with  the  outer  flanges  of  the  columns.  On  such  outer  face 


54 


Chap.  II. — Agrcc't  for  Const' n:   Specifications 

hot  asphalt  shall  be  brushed  and  felt  spread  in  alternate  layers,  in 
the  manner  as  described  for  the  foundations,  and  the  backing  of 
concrete  then  added  as  shown  by  the  plans.  Instead  of  construct- 
ing the  side  walls  with  the  waterproofing  as  described  above,  the 
contractor  may  build  in  dry,  open  soils,  if  permitted  by  the  En-  In  dry  soils, 
gineer,  and  if  no  additional  width  of  excavation  is  required  for 
sewers  or  other  purposes,  a  four  (4)  inch  brick  wall  supported  at 
the  back  by  the  trench  sheathing,  laid  in  cement  mortar  or  hot 
asphalt,  and  at  a  distance  of  at  least  two  (2)  inches  in  the  clear 
from  the  line  of  the  exterior  faces  of  the  side-wall  beams,  and  to 
attach  to  it  the  layers  of  waterproofing  material  as  described  above, 
and  then  to  ram  around  the  beams  and  against  the  waterproofing 
surface  the  concrete  composing  the  side  walls.  Under  similar 
conditions  in  dry  rock  excavation,  the  rock  may  be  excavated  so 
that  no  projecting  point  comes  within  three  (3)  inches  of  the  line 
of  the  exterior  face  of  the  side-wall  beams ;  and  then  the  rough 
surface  shall  be  made  smooth  with  a  plaster  of  concrete,  and  on 
such  smooth  surface  the  waterproofing  material  shall  be  spread, 
and  then  the  concrete  of  the  side  walls  rammed  against  the  same  in 
the  manner  as  described  above. 

The  roof  of  the  structure  shall  be  treated  in  a  similar  manner  Roof  construction. 
by  finishing  the  jackarches  to  such  a  height  as  directed  by  the  En- 
gineer, spreading  the  asphalt  and  felt  in  alternate  layers  and  then 
adding  a  cover  of  concrete,  completing  the  roof  as  called  for  by 
the  Contract  Drawings. 

By  the  arrangement  above  described  there  will  be  a  continuous  Continuous  >  water- 
sheet  of  asphalt  and  felt  imbedded  within  the  concrete  of  the  hot-   proof  envel°Pe- 
torn,  top  and  both  sides,  and  completely  enveloping  the  structure. 

The  asphalt  used  shall  be  the  best  grade  of  Bermudez,  Alcatraz  Asphalt,  quality 
or  lake  asphalt,  of  equal  quality,  and  shall  comply  with  the  follow-  of- 
ing  requirements:     The  asphalt  shall  be  a  natural  asphalt  or  a 
mixture  of  natural  asphalts,  containing  in  its  refined  state  not  less 
than  ninety-five  per  cent.   (95%)  of  natural  bitumen  soluble  in 
rectified  carbon  bisulphide  or  in  chloroform.     The  remaining  in- 
gredients shall  be  such  as  not  to  exert  an  injurious  effect  on  the 
work.     Not  less  than  two-thirds  (2-3)  of  the  total  bitumen  shall   Chemical  com- 
be soluble  in  petroleum  naphtha  of  70°  Baume  or  in  Acetone.  The  P°sitlon- 
asphalt  shall  not  lose  more  than  four  (4)  per  cent,  of  its  weight 
when  maintained  for  ten  (10)  hours  at  a  temperature  of  300  de- 
grees Fahrenheit. 

55 


Chap.  II. — Agree 't  for  Const' n:   Specifications 


Coal  tar  pro- 
hibited. 


Felt,  quality  of. 


Surfaces  to  be 
smooth. 


Artificial 
drying. 


No  cracks  or 
blow  holes. 


Felt  to  be  care- 
fully laid. 


Skilled  men. 


Top   surface   of 
asphalt  not  to 
be  broken. 


Number  of 
layers   of  felt. 


The  use  of  coal  tar,  so-called  artificial  asphalts,  or  other  products 
susceptible  to  injury  from  the  action  of  water,  will  not  be  permit- 
ted on  any  portion  of  the  work,  or  in  any  mixtures  to  be  used. 

The  felt  used  in  waterproofing  such  part  of  the  structure  as  is 
below  ground  "water  level  shall  be  composed  of  asbestos  or  other 
equally  non-perishable  material  dipped  in  asphalt  and  weighing  not 
less  than  ten  (10)  pounds  to  the  square  of  one  hundred  (loo) 
feet.  The  felt  used  in  other  parts  of  the  structure  shall  be  the 
same  as  the  above,  or  of  the  best  quality  of  coal  tar  felt  weighing 
not  less  than  fifteen  (15)  pounds  to  the  square  of  one  hundred 
(100)  feet,  except  that  if  the  latter  be  used,  one  layer  more  will  be 
required  than  of  the  former.  All  felt  shall  be  subject  to  the  ap- 
proval of  the  Engineer. 

The  surfaces  to  be  waterproofed  shall  be  smooth  without  pro- 
jecting stones,  or  made  smooth  where  necessary  by  a  coating  of 
mortar  made  of  one  portion  Natural  cement  to  one  portion  sand, 
and  should  be  dry  before  the  asphalt  is  applied. 

Means  for  artificially  drying  the  surface  of  concrete  may  be 
taken  by  the  Contractor  by  blowing  warm  air  over  it,  or  as  other- 
wise permitted  by  the  Engineer,  but  not  until  the  concrete  has  had 
at  least  forty-eight  (48)  hours  to  set. 

Each  layer  of  asphalt  fluxed  as  directed  by  the  Engineer  must 
completely  and  entirely  cover  the  surface  on  which  it  is  spread 
without  cracks  or  blowholes. 

The  felt  must  be  rolled  out  into  the  asphalt  while  the  latter  is 
still  hot,  and  pressed"  against  it  so  as  to  insure  its  being  completely 
stuck  to  the  asphalt  over  its  entire  surface,  great  care  being  taken 
that  all  joints  in  the  felt  are  well  broken,  and  that  the  ends  of  the 
rolls  of  the  bottom  layer  are  carried  up  on  the  inside  of  the  layers 
on  the  sides,  and  those  of  the  roof  down  on  the  outside  of  the 
layers  on  the  sides  so  as  to  secure  a  full  lap  of  at  least  three  (3) 
feet.  Especial  care  must  be  taken  with  this  detail. 

None  but  competent  men,  especially  skilled  in  work  of  this 
kind,  shall  be  employed  to  lay  asphalt  and  felt. 

When  the  finishing  layer  of  concrete  is  laid  over  or  next  to  the 
waterproofing  material,  care  must  be  taken  not  to  break,  tear  or 
injure  in  any  way  the  outer  surface  of  the  asphalt. 

The  number  of  layers  of  felt  on  the  sides  and  under  the  floor 
shall  in  no  case  be  less  than  two  (2)  in  ground  that  is  quite  dry, 
and  where  there  is  a  water  pressure  against  the  masonry  equal 


Chap.  II. — Agree t  for  Const'n:   Specifications 

to  twelve  (12)  feet  not  less  than  six  (6)  layers.  Where  the  water 
pressure  is  less  than  twelve  (12)  feet,  or  where  the  ground  is 
damp,  such  number  of  layers  between  three  (3)  and  six  (6)  shall 
be  used  as  the  Engineer  may  direct.  The  number  of  layers  of  felt 
on  the  roof  shall  be  not  less  than  three  (3)  of  asphalted  asbestos  or 
four  (4)  of  tarred  felt. 

At  any  point  where  the  Contract  Drawings  and  the  Engineer  Bricks 
permit,  the  Contractor  may  lay,  instead  of  the  asphalt  and  felt   d'PPed  m  asphalt, 
above  described,  one  or  more  courses  of  bricks  dipped  in  hot  as- 
phalt of  the  above  described  quality,  and  laid  while  the  coating  of 
asphalt  is  still  hot. 

In  foundations  the  Contractor  may  lay,  if  it  prefer,  instead  of  Asphaltic  con- 
the  ordinary  concrete  with  the  layer  of  waterproofing  material,  as  c 
above  described,  a  bed  of  asphaltic  concrete,  composed  of  broken 
stone  of  the  qualities  previously  described  for  concrete,  heated  in  a 
suitable  heater  to  such  proper  temperature  as  the  Engineer  may 
direct,  and  when  so  heated  have  added  thereto  the  melted  asphalt 
of  the  quality  as  described  above,  and  in  such  proportion  as  to  in- 
sure a  covering  of  each  particle  of  stone  with  asphalt,  and  the 
whole  mass  shall  then  be  thoroughly  mixed  and  incorporated  in  a 
suitable  mixer.     Such  asphaltic  concrete  shall  be  spread  in  place   Rolled  and 
and  thoroughly  rolled  and  compressed  so  that  it  will  present  a  comPressed- 
smooth,  even  surface,  that  will    be    impervious    to    water.     No 
asphalt  shall  be  heated  to  exceed  a  temperature  of  325  degrees 
Fahrenheit. 

In  masonry  lined  structures  where  there  is  no  steel  work  and    Waterproof] nor, 
the  ground  is  dry  the  regular  waterproofing  may  be  omitted,  but  when  omitted- 
in  that  case  in  arched  cut  and  cover  work  the  extrados  of  the  arch 
shall  be  coated  with  hot  asphalt  of  the  quality  described  or  the 
best  grade  of  refined  Trinidad. 

Any  masonry  that  is  found  to  leak  at  any  time  prior  to  the  com-  Leaky  masonry 
pletion  of  this  work  shall  be  cut  out  and  the  leak  stopped,  if  so  to  be  rebuilt- 
ordered  by  the  Engineer. 

13.     DRAINS   AND    PUMPS. 

Every  part  of  the  railway,  the  stations  and  their  appurtenances   Railway  to  be 
connected  therewith,  must  be  so  arranged  that  any  water  finding  self-dramm£- 
access  thereto  will  be  led  away  automatically  to  the  City  sewers. 

Where  the  underground  portion  of  the  railroad  is  on  an  in-  \yhere  floor  may 
clined  gradient,  and  is  constructed  in  dry,  porous  soil,  the  floor  of  act  as  conduit. 

57 


Chap.  II. — Agree' t  for  Const'n:   Specifications 


Sub  drains. 


Rock  excavation, 
drains  in. 


Traps. 


Sump. 


Automatic    pump. 


Medium  and  rivet 
steel. 


the  railway  may  be  depended  on  to  act  as  a  conduit.  At  the  bot- 
tom of  the  inclined  gradient  connections  must  be  made  with  a 
sewer  or  with  subdrains  lying  beneath  the  railway  and  draining 
into  the  sewers. 

Along  such  parts  of  the  work  where  the  soil  is  not  porous,  or 
where  the  floor  of  the  railway  cannot,  in  the  judgment  of  the  En- 
gineer, be  used  as  a  conduit,  there  shall  be  laid  beneath  the  rail 
level  and  on  a  continuous  descending  gradient,  drain  pipes  of 
vitrified  salt-glazed  stoneware,  of  the  quality  described  in  these 
specifications  for  sewer  pipe.  Such  drain  pipe  shall  be  of  such 
diameter  not  exceeding  twelve  (12)  inches,  as  the  Engineer  may 
direct,  and  there  shall  be  one  such  drain  for  each  two  tracks. 
Each  drain  shall  be  laid  in  the  concrete  or  directly  in  the  soil  with 
tight  or  open  joints,  in  such  manner  and  in  such  position  as  in  the 
opinion  of  the  Engineer,  local  circumstances  require. 

Where  the  railroad  is  constructed  in  rock  excavation  or  in  tun- 
nel, drains  formed  of  broken  stone  or  tile  and  of  sufficient  capacity, 
shall  be  set  at  every  seam  or  fissure  bearing-  water,  and  elsewhere 
as  directed  by  the  Engineer.  These  drains  shall  be  built  outside 
of  the  sidewalls  of  the  railway,  shall  be  connected  with  the  main 
drains,  and  all  so  arranged  as  to  lead  away  into  sewers  any 
water  that  may  find  its  way  through  the  rock. 

Where  drain  pipes  connect  with  the  city  sewers,  the  junction 
shall  be  protected  by  traps  to  prevent  back  rush  of  water  or  gas 
from  the  sewers.  Connections  with  the  railway  shall  be  as  neces- 
sity demands  and  all  as  directed  by  the  Engineer. 

Whenever  the  grade  of  the  railway  passes  below  the  bottom  of 
adjacent  sewers  there  shall  be  constructed  a  sump  connected  with 
the  subdrains  or  the  floor  of  the  railway.  Such  sump  must  be 
water  tight  with  a  capacity  of  not  less  than  eight  hundred  (800) 
gallons.  At  every  sump  there  must  be  an  electric  or  other  im- 
proved pump  with  a  capacity  of  four  hundred  (400)  gallons  per 
minute  against  a  head  of  fifteen  (15)  feet.  Such  pump  must  be 
arranged  to  work  automatically.  The  delivery  of  such  pumps 
shall  be  into  the  city  sewers  or  elsewhere,  as  directed  by  the  En- 
gineer. 

14.     STEEL    AND     IRON. 

The  steel  used  in  this  work  shall  be  of  two  grades,  medium  steel 
and  rivet  steel.  All  steel  shall  be  made  by  the  open-hearth  process, 


Chap.  II. — Agreet  for  Const' n:   Specifications 

and  may  be  either  acid  or  basic,  with  the  following  maximum  limits    Open  hearth. 
of  phosphorus : 

ACID.       BASIC. 
Medium  steel 06%         -04% 


.04% 


Phosphorous 
limits. 


Rivet  steel 06% 

The  finished  work  shall  be  perfect  in  all  parts  and  free  from  ir-  No  irregularities, 
regularities,  surface  imperfections  of  all  kinds,  and  piping.     No 
deficiency  in  the  cross-section  or  weight  of  sections,  as  called  for 
by  the  plans,  exceeding  two  and  one-half  (2^2)  per  cent.,  will  be 
permitted. 

The  original  melt  number  must  be  painted  or  stamped  on  all  Melt  number. 
ingots,  blooms,  billets,  and  slabs,  in  order  to  identify  the  material 
throughout  the  various  processes  of  manufacture,  and  the  original 
melt  number,  together  with  the  furnace  heat  number,  in  case  of 
eyebar  flats,  must  be  stamped  on  each  piece  of  finished  material, 
except  in  the  case  of  rivet  steel  and  small  pieces  not  forming  part 
of  the  calculated  sections  and  members,  which  may  be  shipped  in 
bundles  wired  together,  with  the  melt  number  on  a  metal  tag  at- 
tached. 

Two  sample  bars  not  more  than  two  (2)  inches  wide,  having  a  Sample  bars, 
sectional  area  of  not  less  than  one-half  (/^)  square  inch,  shall  be 
cut  from  the  finished  product  of  every  melt.  When  taken  from 
metal  more  than  two  inches  thick,  they  may  be  turned  round  bars. 
Tests  shall  be  made  on  these  sample  bars  in  their  natural  state, 
without  annealing.  Measurements  to  determine  elongation  shall 
be  made  on  an  original  length  of  eight  (8)  inches.  When  a  melt 
is  rolled  into  several  classes  of  shapes,  the  material  of  each  class 
shall  be  separately  tested,  in  which  event  one  sample  bar  for  each 
class  will  suffice.  The  test  pieces  when  tested  in  a  lever  machine 
shall  on  an  average  for  each  melt,  fulfill  the  following  require- 
ments : 

Reduc-    Requirements. 


Ultimate 

Elastic 

Elonga-     tion  o 

strength, 

limit, 

tion,         area, 

Ibs. 

Ibs. 

%             % 

Medium  steel, 

58,000  to  66,000 

33,000 

20            44 

Rivet  steel, 

50,000  to  58,000 

28,000 

27             54 

The  entire  fracture  shall  be  silky. 

A  piece  of  each  sample  bar,  whose  thickness  is  at  least  five-six- 
teenths (5-16)  of  an  inch,  after  being  heated  to  a  cherry  red,  and 


59 


Chap.  II. — Agree' t  for  Const' n:    Specifications 

Bending  tests.  cooled  in  water  at  a  temperature  of  seventy  (70)  degrees  Fahren- 
heit, shall  be  bent  cold  one  hundred  and  eighty  (180)  degrees  and 
closed  up  against  itself.  In  no  case  shall  any  crack  appear  until 
the  diameter  of  the  circle  around  which  the  bar  is  bent  becomes 
less  than  the  thickness  of  the  bar. 

In  the  case  of  rivet  steel,  the  sample  bar  shall  close  up  against 
itself  without  showing  any  crack  or  flaw. 

Punching  tests.  Punched  holes  pitched  two  (2)  inches  from  a  sheared  or  rolled 

edge  in  a  piece  at  least  three-eighths  (£/6)  inch  thick,  must  stand 
drifting  until  their  diameters  are  fifty  (50)  per  cent,  greater  than 
those  of  the  original  holes,  without  signs  of  cracking  in  the  plate. 

Duplicate  tests.  Duplicate  tests  may  be  made  when  the  test  pieces  pass  five  (5) 

of  the  above-mentioned  requirements,  and  the  chemical  analysis. 
If  the  second  tests  pass  all  requirements  the  melting  will  be  ac- 
cepted. 

Cast  iron.  All  castings  shall  be  made  of  tough  gray  iron  which  shall  ex- 

hibit a  uniform  and  closely  grained  fracture  free  from  any  white, 
mottled  or  vitreous  appearance.  It  shall  be  soft  enough  to  be 
readily  cut,  drilled  and  chipped,  and  when  struck  on  a  corner  or 
edge  with  a  hammer,  the  metal  shall  indent  and  not  break  off. 

Tests.  The  metal  must  exhibit  a  tensile  strength  between  eighteen  thou- 

sand (18,000)  and  twenty-four  thousand  (24,000)  pounds  per 
square  inch  when  measured  on  a  test  specimen,  from  which  the 
external  coating  or  skin  has  been  entirely  removed  by  turning, 
planing  or  milling.  When  tested  in  the  rough  state  with  the 
''skin"  retained,  sample  bars  or  castings  having  a  uniform  width 
and  depth  of  one  (i)  inch  and  a  length  of  forty  (40)  inches  shall, 
when  placed  horizontally  upon  two  sharp  edged  supports  thirty- 
six  (36)  inches  apart,  sustain  at  their  middle  point  a  gradually  ap- 
plied load  of  seven  hundred  and  fifty  (750)  pounds,  with  a  de- 
flection at  the  centre  of  four-tenths  (0.4)  to  six-tenths  (0.6)  of  an 
inch. 

Test  bars.  The  Contractor  shall  make,  prepare  and  provide  at  least  two 

(2)  of  the  said  cross  breaking  test  bars  and  the  same  number  of 
said  tensile  test  bars  from  each  charge  or  running  of  the  metal 
actually  used  in  the  manufacture  of  any  castings  for  said  work. 
Two  of  the  test  bars  of  each  set  shall  be  poured  at  the  beginning 
and  two  at  the  end  of  each  charge  or  running.  The  tension  bars 
shall  be  of  such  size  and  form  as  may  be  required  by  the  Engineer 
or  his  representative.  All  such  specimens  are  to  be  true  samples 

60 


Cast  steel, 
annealed. 


L '//<//'.  //. — Agrcc't  for  Const' n:    Specifications 

of  the  iron  used  in  the  castings  made  from  said  charge  or  run- 
ning. All  test  specimens  are  to  be  properly  numbered  for  refer- 
ence. 

In  judging  the  suitability  of  the  metal,  the  average  of  these  tests   Average  of  tests. 
shall  be  considered  as  representing  the  strength  of  the  metal  as 
required  aforesaid. 

All  steel  castings  shall  be  annealed. 

Every  steel  casting  shall  be  made  with  a  coupon  for  testing, 
which  coupon  shall  be  cut  off  after  annealing,  and  the  test  shall 
be  made  from  a  three-quarter  (^4)  inch  round  cut  from  the  cou- 
pon.    The  test  piece  shall  show  an  ultimate  strength  of  at  least   Test   pieces, 
seventy  thousand  (70,000)  pounds,  an  elastic  limit  of  not  less  than 
thirty-five  thousand   (35,000)   pounds,  an  elongation  of  at  least  Tests, 
fifteen  (15)  per  cent,  in  two  (2)  inches,  and  a  reduction  of _ area 
of  twenty  (20)  per  cent,  at  the  point  of  fracture. 

When  the'  bearing  surface  of  any  steel  casting  is  finished  there   Blowholes. 
shall  be  no  blowhole  visible  exceeding  one  (i)  inch  in  any  direc- 
tion, nor  exceeding  one-half  (l/2}  inch  in  area.     The  length  of  the 
blowholes  gauged  by  any  straight  line  laid  in  any  direction,  shall 
never  exceed  one  (i)  inch  in  one  (i)  foot. 

All  portions  of  the  metal  work  exposed  to  view,  especially  at   Xeat  finish, 
stations  or  on  viaducts,  shall  be  neatly  finished,  pains  being  taken 
with  any  ornamental  work  to  give  it  an  attractive  and  artistic  ap- 
pearance. 

All  rolled  members  shall  be  carefully  straightened  at  the  shop   shapes  to  be 
before  assembling.  straightened. 

The  nominal  size  of  the  rivets  shown  on  the  plans  shall  be  un-  Rivets, 
derstood  to  be  the  actual  size  of  the  cold  rivets  before  heating. 
Rivets  when  driven  must  completely  fill  the  holes,  have  full  heads 
concentric  with  the  rivet  holes,  and  be  machine  driven  wherever 
practicable,  the  machines  to  be  capable  of  retaining  the  applied 
pressure  after  the  upsetting  is  completed.  The  rivet  heads  must 
be  fully  and  neatly  finished,  of  approved  hemispherical  shape 
and  in  full  contact  with  the  surface,  or  be  countersunk  or  flattened 
when  so  required,  and  of  a  uniform  size  for  the  whole  diameter  of 
the  rivet  throughout  the  work,  and  must  bind  the  connecting  pieces 
thoroughly  together. 

All  loose  or  otherwise  imperfect  rivets  must  be  cut  out  and  re-    Imperfect  rivets, 
placed.     Xo  tightening  of  rivets  by  calking  or  recupping  will  be 
permitted. 

61 


Cltap.  II. — Agree' t  for  Const' n:    Specifications 


Accurate  spacing 
of  holes. 

Drift  pins. 


Holes,   how 
enlarged. 

Rivet  holes, 
when  punched. 


Rivet   holes 
reamed   1-16  inch. 


Rivet  holes  in 
metal  over  $/%- 
inch  thick. 


Rivet  holes  must  be  accurately  spaced. 

The  use  of  drift  pins  will  be  allowed  only  to  bring  together  the 
several  parts  forming  a  member,  and  they  must  not  be  driven  with 
sufficient  force  to  distort  the  metal  about  the  holes. 

If  any  hole  has  to  be  enlarged  to  admit  the  rivet,  it  must  be 
reamed. 

Rivet  holes  in  the  cross  frames,  lateral  connections,  columns 
where  the  rivets  are  shop-driven,  and  such  other  holes  in  the  metal 
of  the  viaduct  portion  of  the  work  not  exceeding  five-eighths  ($/%) 
of  an  inch  in  thickness,  as  the  Engineer  may  permit,  and  rivet 
holes  in  members  composing  the  frame  of  the  underground  struc- 
ture, except  rivet  holes  for  splices  in  the  bottom  flanges  of  roof 
beams,  may  be  made  by  a  punch  whose  diameter  is  one-sixteenth 
( 1-1*6)  of  an  inch  greater  than  that  of  the  rivets  called  for  by  the 
plans. 

All  punched  holes  shall  be  free  from  torn  or  'ragged  edges,  sharp 
fins  being  trimmed  off  before  riveting. 

Rivet  holes  in  the  viaduct  work  other  than  those  specified  above, 
and  in  splices  and  connecting  splice  plates  of  the  underground 
structure,  as  above  mentioned,  shall  be  made  by  a  punch  whose 
diameter  is  not  greater  than  that  of  the  rivets  called  for  on  the 
plans,  and  subsequently  increased  by  reaming  to  a  diameter  one- 
sixteenth  (1-16)  inch  greater  than  the  rivets  specified.  Before 
this  reaming  takes  place,  all  the  pieces  to  be  riveted  shall  be  as- 
sembled and  bolted  into  position.  After  reaming,  every  hole  shall 
be  entirely  smooth,  showing  that  the  reaming  tool  has  everywhere 
touched  the  metal.  Should  such  reaming  fail  to  produce  a  perfect 
match  of  cylindrical  holes,  then  the  rivet  holes  must  be  made  by 
a  punch  whose  diameter  shall  be  one-eighth  (/^)  of  an  inch  less 
than  the  specified  rivets,  and  subsequently  increased  by  reaming 
three-sixteenths  (3-16)  of  an  inch.  When  required  by  the  En- 
gineer a  reamer  shall  be  run  on  the  outer  edge  of  holes  so  as  to 
remove  the  sharp  edges  and  make  a  fillet  of  at  least  one-sixteenth 
(1-16)  inch  in  width  under  the  rivet  head. 

Rivet  holes  in  the  flanges  of  important  built  up  girders  whose 
thickness  is  over  five-eighths  (^)  of  an  inch  shall  be  made  by  a 
punch  whose  diameter  is  one-eighth  (J/6)  of  an  inch  less  than  the 
specified  rivets,  and  shall  be  subsequently  increased  by  reaming 
three-sixteenths  (3-16)  of  an  inch. 


62 


Chap.  II.  —  Agree  't  for  Const'  n:    Specifications 

All  holes  for  field  rivets,  where  reaming  is  called  for  by  Reaming  of 
the  preceding  paragraphs,  shall  be  reamed  to  iron  templets 
at  least  one  (i)  inch  thick,  or  shall  be  reamed  while  the 
connecting  pieces  are  temporarily  assembled  either  in  shop 
or  in  the  field.  If  such  work  is  done  in  the  shop,  the  con- 
necting parts  must  be  matchmarked  to  insure  similar  positions 
in  erecting. 

All  built-up  members,   when  finished,  must  be  true  and   free    Members  to  be 
from  twists,   kinks,   buckles   or  bent   joints  between   component   true- 
pieces.    All  abutting  surfaces  of  compression  members,  except  Bearing  surfaces 
flanges  of  plate  girders,   must  be  planed  or  turned  to  even  planed. 
bearings,  so  that  they  shall  be  in  perfect  contact. 

All  I-beam  and  built-up  columns,  after  gusset  plates  are  Columns  to  be 
rivetted  on,  shall  be  faced  top  and  bottom  perpendicularly  to 
the  axis  and  to  exact  length.  The  lug  angles"  shall  then  be  set 
so  as  to  produce  an  even  bearing  as  determined  by  a  straight 
edge.  If  lug  angles  are  not  set  to  give  an  even  bearing,  then 
the  same  shall  be  riveted  on  before  facing,  but  such  facing 
shall  not  reduce  the  thickness  of  angles  more  than  one-six- 
teenth (1-16)  inch.  The  base  and  capplates  must  also  be  true 
to  surface. 

Web-plates  must  not  project  beyond  the  flange  angles,  nor  Web  plates. 
be   more   than  one-quarter    (34)    of  an  inch   from   the   same. 
The  web  stiffeners  of  the  plate  girders  shall  in  all  cases  form 
a  close  bearing  against  the  flange  angle. 

The   ends   of   all   stringers,   and    longitudinal    and   abutting   Ends  of  abutting 
girders,  shall  be  faced  true  and  square  or  to  exact  bevel,  as  ^ 


called  for  by  the  plans.  The  header  angles  shall  be  so  ac- 
curately fitted  that  when  the  ends  of  the  stringers  or  girders 
are  faced  to  the  figured  length,  the  amount  of  metal  removed 
shall  not  reduce  the  thickness  of  the  ends  of  the  header  angles 
by  more  than  one-sixteenth  (1-16)  inch,  while  securing  a 
true  surface  on  the  whole  width  of  the  connection. 

The  abutting  ends  of  the  beams  in  the  roof  of  the  under-   Beam  ends. 
ground   portion    of   the   work   must   either  be    faced   or   cold 
sawed  so  smooth,  true,  square  and  perfectly  perpendicular  to 
the  longitudinal  axis  of  the  beams   that  joints  will  be  tight 
and  give  full  bearing  of  beam  ends. 

All   plates   thirty-six    (36)    inches    and    less    in    width   shall    Universal   mill 
have  universal   mill   rolled  or  planed  edges. 

63 


Chap.  II. — Agree 't  for  Const' n:   Specifications 


Turned  bolts. 


Anchor  holes. 


U.  S.  standard 
threads. 

Machined  sur- 
faces   coated. 

Steel  to  be  care- 
fully handled. 


Steel  not  to  be 
worked  cold. 

Annealing. 


Damage  in  trans- 
portation to  be 
avoided.  ' 


Injured  pieces  to 
be  rejected. 


Metal  to  be 
cleaned. 


Kind  of  paint. 
After  erection. 


When  members  are  connected  by  bolts  which  transmit  sheer- 
ing stresses,  the  holes  must  be  reamed  parallel  and  the  bolts 
have  a  driving  fit. 

All  anchor  bolts  are  to  be  of  soft  steel  with  cold  pressed 
or  rolled  members  and  so  made  that  when  tested  to  destruc- 
tion, the  threaded  portion  of  the  bolts  will  develop  greater 
strength  than  the  unthreaded  portions  of  the  same. 

All  threads  and  nuts,  unless  otherwise  ordered,  shall  be 
of  the  United  States  standard. 

All  machined  surfaces  shall  be  coated  with  white  lead  and 
tallow. 

Great  care  must  be  taken  in  handling  steel.  Straightening 
after  punching  must  be  conducted  so  as  to  reduce  the  risk  of 
cracking  to  the  minimum. 

Steel  sections  must  not  be  hammered  cold  or  worked  at  a 
black  heat.  When  any  part  of  the  steel  piece  in  which  the 
full  strength  is  required  has  to  be  heated  for  working,  the 
whole  shall  be  afterwards  annealed. 

All  parts  shall  be  loaded  for  shipment  from  the  shops,  so  as 
to  avoid  injury  in  transportation.  In  shipping  or  handling 
at  any  time,  every  care  shall  be  taken  to  avoid  bending  or 
straining  the  pieces,  or  damaging  the  paint. 

All  pieces  bent  or  otherwise  injured  will  be  rejected. 

15.     PAINTING. 

The  metal  work  before  leaving  the  'shop  shall  be  thor- 
oughly cleaned  and  have  all  loose  rust  and  scale  removed  to 
the  satisfaction  of  the  Engineer,  and  be  given  one  (i)  coat 
of  either  pure  red  lead  and  pure  boiled  linseed  oil,  mixed  in 
the  proportion  of  twenty  (20)  pounds  of  red  lead  to  a  gallon 
of  paint,  or  one  coat  of  such  other  paint  as  may  be  approved 
by  the  Engineer.  After  erection  the  metal  work  shall  be 
cleaned  from  dirt  or  other  objectionable  matter  that  may  be 
found  thereon,  and  then  thoroughly  and  evenly  painted  with 
two  (2)  additional  coats  of  paint  of  a  kind  and  color  to  be 
approved  by  the  Engineer.  In  the  case  of  members  buried  in 
concrete,  the  third  coat  may  be  omitted,  if  permitted  by  the 
Engineer,  and  provided  that  any  damage  to  the  first  coat  is 
thoroughly  repaired  before  the  application  of  the  second. 


64 


Chap.  II. — Agree 't  for  Const' n:   Specifications 

Surfaces  of  built-up  members  in  contact,  or  inaccessible  after   Surfaces  in  con- 
assembling,  shall  be  cleaned  before  assembling,  and  shall  be 
painted  with  one   (i)   heavy  coat  of  red  lead  or  such  other 
paint  as  the  Engineer  may  permit.      The   parts  shall   be  at 
once  assembled  for  riveting,  but  while  the  paint  is  still  fresh. 

All   recesses  that  might  contain  water,   or  through  which   Recesses  to  be 
water  could  enter,  must  be  filled  with  thick  paint  or  a  water-  fllled- 
proof  cement  of  ground  skins  before  receiving  final  painting. 

All  surfaces  so  close  together  as  to  prevent  the  insertion  of  Use  of  cloth. 
a  brush,   must  be   painted  thoroughly   by   using   a  piece   of 
cloth. 

All  three  (3)  coats  of  paint  applied  to  the  metal  work  must  Coats  of  different 
be  of  distinctly  different  colors  or  shades,  and  the  previous  sliades- 
coat  must  be  thoroughly  dry  before  the  next  one  is  put  on. 

All   materials  for  painting  shall  be  subject  to  the  closest  Inspection  and 
inspection  and  chemical   analysis,   and  the   detection  of   any 
inferior  quality  of  material,  or  adulterant,  shall  involve  the 
rejection  of  all  such  material  and  the  scraping  and  repainting 
of  such  portions  of  the  work  which  were  painted  with  it. 

The  mixing  and  application  of  paint  and  the  preparation 
of  the  surface  before  the  application  of  the  paint,  will  be  sub- 
ject to  the  closest  scrutiny. 

No  painting  in  rainy  or  freezing  weather  shall  be  done  with-    No  painting  in 
out  the  approval  of  the  Engineer.  weathe0/  freezi"ff 

The  surface  of  the  concrete  and  brick  walls,  and  roof  arches,   Walls  and  roof. 
shall  be  white  plastered,  or  shall  be  painted  with  three   (3) 
coats  of  light  color,  to  the  satisfaction  of  the  Engineer.    This 
paint  may  be  spread  on  by  machinery. 

The  final   coat  of   paint   at   stations   shall   contain   such   a   Cork  paint. 
proportion   of  granulated   cork   as   shall   be   directed   by   the 
Engineer. 

16.     TRACK. 

The  track  shall  be  laid  of  the  best  materials  and  to  the 
standard  and  in  the  manner  best  calculated  to  make  a  track 
on  which  trains  can  be  run  at  the  highest  attainable  speeds  with 
the  minimum  of  jar  and  noise. 

In  the  underground  portions  of  the  railway  the  track  shall   Track  under- 
consist  of  rails  laid  on  a  continuous  bearing  of  wooden  blocks,   Rr( 
the  grain  of  which  is  to  be  transverse  to  the  length  of  the 
rail.     The  blocks  are  to  be  held  in  place  by  guard  rails  se- 

65 


Chap.  II. — Agree't  for  Const'n:   Specifications 


Tracks  on 
viaducts. 


Rail   section. 


Length  of  rails. 


Xo.   i  quality. 


Rails  to  be  smooth 
and  straight. 


Not  over-cam- 
bered. 

Gagging-. 


cured  to  metal  cross  ties  imbedded  in  concrete.  The  method 
of  procedure  shall  be  to  set  the  cross  ties  accurately  to  grade 
and  support  them  by  blocking  until  the  concrete  composing 
the  finishing  floor  can  be  rammed  into  place  and  has  set.  This 
concrete  must  be  brought  to  a  true  surface,  to  exact  grade, 
and  flush  with  the  tops  of  the  cross  ties  as  tested  by  a  level 
and  straight  edge.  On  this  foundation  there  will  be  laid  and 
secured  the  guard  rails,  wooden  blocking  and  track  rails,  as 
shown  by  the  plans  and  according  to  the  directions  of  the 
Engineer. 

The  track  on  viaducts  shall  consist  of  rails  laid  on  cross- 
ties  with  wooden  guard  timbers,  in  the  manner  as  described 
hereafter. 

The  section  of  the  rail  rolled  shall  conform  to  the  section 
adopted  as  standard  by  the  American  Society  of  Civil  En- 
gineers, a  templet  of  which  will  be  furnished  by  the  Board. 
The  weight  of  the  rail  per  linear  yard  shall  be  not  less  than 
eighty  (80)  pounds.  No  variation  in  height  exceeding  one- 
sixty-fourth  (1-64)  inch  from  the  standard  section  will  be  per- 
mitted, and  the  fit  of  the  finishing  or  male  templet  shall  be 
maintained  perfect. 

The  standard  length  of  rails  shall  be  not  less  than  thirty 
(30)  feet.  Rails  of  shorter  length  will  be  accepted  to  the  ex- 
tent of  ten  per  cent.  (10%)  of  the  order,  but  no  rail  less 
than  twenty-six  (26)  feet  in  length  will  be  accepted  as  No. 
i  quality. 

The  rails  shall  be  No.  i  rails,  except  as  hereinafter  other- 
wise (permitted,  and  free  from  all  mechanical  defects  and 
flaws.  They  shall  be  sawed  square  at  the  ends,  and  the  burrs 
made  by  the  saws  carefully  filed  off,  showing  clean  surfaces 
on  the  faces  of  the  web  and  head  of  the  rail. 

The  rails  shall  be  smooth  on  the  head,  and  straight  in  all 
directions  of  surface  and  line,  without  any  twist,  waves  or 
kinks ;  particular  attention  being  given  to  have  the  ends  of 
the  rails  without  kinks  or  drops. 

Rails  must  not  be  overcambered  to  cool. 

Cold  straightening  of  the  rails  by  "gagging"  sufficient  to 
leave  distinct  marks  of  the  "gag"  on  the  head  of  the  rail,  will 
not  be  allowed. 


66 


Chap.  If. — *l£rce't  for  Const'n:   Specifications 

If  required  by  the  Engineer,  holes  shall  be   drilled  in   the   Joint  holes. 
web   for  plate   joints   or  fastenings   in   such   manner   and   of 
such  size  and  spacings  as  he  shall  direct.     All  holes  must  be 
accurate  in  every  respect  and  finished  without  burrs. 

The   number  of   the   charge   and   the   name   of   the    maker,    Marks. 
and  the  month  and  year  of  manufacture,  shall  be  marked  in 
plain  figures  and  letters  on  the  side  of  the  web  of  the  rail. 

The  chemical  composition  of  the  rails  will  be  left  to  the   Chemical 
railmaker's  judgment,  except  composition. 

Carbon  must  not  be  less  than  .$$%  nor  exceed  .65%  ; 
Phosphorus  must  not  exceed  .085%; 
Sulphur  must  not  exceed  .07%  ; 
Silicon  must  not  be  less  than  .10%. 

While  the  heat  is  being  cast,  two  (2)  test  ingots  shall  be  Test  ingots, 
made ;  the  first  from  steel  going  into  the  first  regular  ingot ; 
the  other  from  metal  representing  the  last  one.  These  test 
ingots  shall  be  three  (3)  by  three  (3)  inches,  and  not  less 
than  four  (4)  inches  long.  From  these  ingots,  bars  at  least 
one-half  (^2)  inch  square  shall  be  drawn  at  one  heat  by 
hammering.  Each  bar  when  cold  shall  be  bent,  without  break- 
ing, to  not  less  than  a  right  angle.  Should  one  (i)  bar  from 
a  heat  fail  and  the  other  stand  the  test,  a  third  bar  may  be 
taken  from  a  bloom  rolled  from  the  ingot  represented  by 
the  failed  one.  If  this  stands  the  test  it  shall  be  accepted  in 
lieu  of  the  failed  one.  If  the  makers  choose,  more  than  two 
(2)  test  ingots  shall  be  taken,  but  they  must  be  from  the 
steel  of  the  first  and  last  regular  ingots.  If  this  be  done 
and  a  test  bar  fail,  another  one  may  be  drawn  from  the  du- 
plicate ingot  and  tested,  and  if  it  stands  be  accepted. 

A  rail  butt  from  each  conversion  shall  be  placed  either  Breaking  tests. 
head  or  base  upwards  on  solid  steel  or  iron  supports,  the  dis- 
tance apart  of  which,  in  the  clear,  shall  be  four  (4)  feet ; 
and  upon  it  shall  be  dropped  a  weight  of  two  thousand  (2,000) 
pounds  falling  freely  from  a  height  of  tswenty  (20)  feet. 
Should  a  test  fail  to  stand  the  drop  without  breaking,  a 
second  one  may  be  made.  If  it  also  fails,  all  rails  made  from 
that  heat  shall  be  rejected;  but  if  the  second  test  stands, 
then  a  third  one  shall  be  made,  and  if  this  be  successful, 
the  rails  of  that  conversion  shall  be  accepted. 

67 


Chap.  II. — Agree 't  for  Const' n:   Specifications 


Ingots,  treat- 
ment of. 


Bled  ingots. 


No.  2  rails. 


No.  2   rails, 
quality   of. 


To  be  distinctly 
marked. 


Test    facilities    to 
be  furnished  by 
rail  maker. 


Rejection. 


Handling  of  rails. 


Rail   laying. 


The  treatment  of  the  steel  while  being  cast  into  ingots 
and  the  treatment  of  the  ingots  and  blooms,  shall  be  ac- 
cording to  the  latest  practice  of  steel  makers.  The  top  end 
of  each  ingot  shall  be  cut  off  sufficiently  to  show  solid  steel. 
After  the  ingots  are  cast  they  shall  be  kept  in  an  upright  po- 
sition either  until  ready  to  be  rolled,  or  until  the  interior 
steel  has  had  time  to  solidify. 

No  "bled"  ingots,  or  ingots  from  chilled  or  badly  teemed 
heats,  shall  be  used.  In  reheating  blooms,  care  shall  be  taken 
not  to  overheat  them. 

No.  2  rails  will  not  be  accepted  without  the  distinct  per- 
mission of  the  Engineer.  Such  rails  shall  be  laid  only  in 
storage  tracks  in  terminal  yards. 

In  order  that  the  rails  may  be  accepted  as  No.  2  rails,  they 
must  conform  to  the  specifications  for  No.  i  rails,  except  that 
they  will  be  accepted  in  lengths  not  less  than  twenty-two  and 
a  half  (22*^)  feet,  with  a  flaw  in  the  head  not  exceeding  one- 
quarter  (J4)  inch  and  flaws  in  the  flanges  not  exceeding  one- 
half  (5/2)  inch  in  depth,  and  may  be  made  from  imperfectly 
poured  ingots. 

No.  2  rails  must  be  distinctly  marked,  as  directed  by  the 
Engineer,  before  leaving  the  shops,  so  that  on  no  account 
may  they  be  mistaken  for  No.  I  rails. 

The  rail-maker  shall  supply,  without  cost  to  the  Engineer, 
the  requisite  facilities  for  inspection  and  test,  and  shall  fur- 
nish a  carbon  analysis  of  each  heat  and  such  other  analyses 
as  the  Engineer  may  require.  Should  the  inspector  reject 
any  rail  of  a  heat  that  show  imperfect  or  improper  handling 
of  the  metal,  all  rails  of  that  heat  shall  be  rejected. 

At  any  time  before  shipment,  the  Engineer  or  his  duly  au- 
thorized inspector  shall  have  the  power  to  reject  any  mate- 
rial or  finished  pieces  that,  in  his  judgment,  do  not  comply 
with  the  specifications,  or  which  in  material  or  workmanship 
are  not  first  class  in  every  respect. 

In  loading,  rails  or  unloading  them  from  the  cars,  or  in 
handling  them  at  any  other  time  up  to  and  including  the 
actual  laying,  care  must  be  taken  not  to  bruise  them  or  drop 
them  from  a  height,  or  to  let  them  fall  upon  each  other. 

The  rails  shall  be  laid  truly  to  exact  line,  and  so  that  the 
distance  between  the  inside  faces  on  tangents  shall  be  four 


68 


Chap.  II. — Agree 't  for  Const'n:   Specifications 

(4)   feet  eight   (8)   and  one-half   (1/2)   inches,  and  on  curves 
such   additional   width  as   the   degree  of   curvature   shall   re-   Cause. 
quire.     The  rails  of  the  track  of  curves,   whether   in  tunnel 
or  on  viaduct,  shall  be  bent  previously  to  laying  by  an  ap- 
proved rail  bender,  to  correspond  exactly  with  the  curvature   Ra;i  bender, 
of  the  line.    No  springing  of  rails  to  curve  will  be  permitted. 

All  cutting  of  rails  to  close  at  switches,  frogs,  or  elsewhere,  Cutting  of  rails. 
shall  be  done  with  a  saw. 

The  rail  surface  must  be  exactly  true  longitudinally,  and  Rails  level  trans- 
both  rails  of  the  same  track  shall  be  set  so  that  their  tops  ver 
are  on  the  same  level,  transversely,  except  on  curves,  where 
the  outer  rail  must  be  set  at  a  higher  elevation  than  the  inner 
rail,  the   amount  of   such   super-elevation   depending   on   the   Superelevation, 
degree    of    curvature    and    the     location    and    situation     of 
curves  as  governing  the  speed  of  trains  at  such  point, — and 
obtained   by   sloping   the   concrete   floor   or   by   varying   the 
thickness  of  the  bearing  blocks,  or  by  both,  as  directed  by  the 
Engineer.    The  amount  of  such  super-elevation  for  each  case 
will  be  furnished  by  the  Engineer. 

Rails  shall  always  be  laid  with  broken  joints;  that  is,  the  Broken  joints, 
joints  in  one  line  of  rails  are  to  be  opposite  the  centres  of 
the  other 'line  of  rails  in  the  same  track;  and  on  viaducts  the 
joints  in  the  rails  in  each  track  are  to  be  opposite  the  cor- 
responding quarters  of  rails  in  the  adjoining  track. 

Where  rails  are  laid  with  fished  joints,  iron  shims  of  thick-  Metal  shims, 
ness    depending    on    the    temperature    when    laying,    and    as 
ordered  by  the  Engineer,  shall  be  used;  and  while  laying,  at 
least  the  last  three    (3)    consecutive   shims   must   remain   in 
position. 

The  joint  used  shall  be  approved  by  the  Engineer.  Toint. 

No  burr,  projection  or  unevenness  will  be  permitted  on  the  Xo  unevenness. 
top  or  on  the  gauge  side  of  the  head. 

All   lining,   gauging,   levelling,   spiking,   bolting  and   other  Skilled  workmen. 
work  in  connection  with  the  laying  of  the   track,   must  be 
done  by  specially  skilled  workmen  in  a  manner  entirely  satis- 
factory to  the  Engineer. 

The  wooden   bearing  blocks  on  which   the   rails  in  tunnel   Wooden  bearing 
shall  rest,  shall  be  sound,  white  oak,  or  long-leafed  yellow  b'ocks. 
pine.     They  are  to  be  on  tangents  four  (4)   inches  deep  and 
on   curves   such   other   depth   and   taper   as    required    by   the 

69 


Chap.  II. — Agrce't  for  Const' n:    Specifications 


Wooden 
ties. 


Spacing. 


Sizing:  for  irregu- 
larities. 


Tieplates. 


Held  by  hook 
bolts. 


Foot  walk. 


Guard  rails. 


superelevation.  They  are  to  be  twelve  (12)  inches  long,  and 
eight  (8),  ten  (10)  or  twelve  (12)  inches  in  width.  All  di- 
mensions shall  be  exact  and  the  faces  shall  be  dressed  on  the 
top  and  bottom  in  order  to  get  an  even  bearing. 

The  cross  ties  on  viaducts  shall  be  of  long-leafed  yellow 
pine,  dressed  on  all  sides  to  the  specified  dimensions.  On 
tangents  they  shall  be  seven  (7)  inches  deep,  eight  (8)  inches 
face,  and  eight  (8)  feet  long,  and  on  curves  such  additional 
depth  as  to  permit  their  being  tapered  to  fit  the  super- 
elevation. 

Ties  must  be  accurately  spaced  eighteen  (18)  inches  centre 
to  centre  and  laid  at  exact  right  angles  to  the  line  of  track, 
and  so  that  the  projecting  ends  shall  form  a  line  on  both 
sides  parallel  to  the  centre  line  of  the  track.  Their  top  sur- 
faces must  form  a  true  plane,  as  tested  by  a  straight  edge 
fifteen  (15)  feet  long.  In  order  to  comply  with  this  require- 
ment ties  must  be  sized  on  their  under  side  to  fit  or  over- 
come any  cover  plate  or  other  irregularity,  and  holes  must 
be  bored  one  and  three-quarters  (i^4)  inches  diameter  and 
not  exceeding  three-quarters  (24)  of  an  inch  deep,  to  permit 
ties  to  rest  over  rivet  heads  where  the  same  exist. 

On  every  tie  and  in  the  proper  place  beneath  the  rail  seat, 
there  must  be  set  a  tieplate  having  ribs  running  longitudinally 
with  the  cross  tie.  Such  tieplates  must  be  pressed  into  po- 
sition, if  required  by  the  Engineer,  before  the  rails  are  laid. 

Each  tie,  where  resting  on  the  top  flange  of  longitudinal 
girders,  shall  be  held  to  the  flange  of  the  same  by  hook  bolts 
with  nut-locks. 

Every  third  tie  shall  be  of  such  additional  length  as  to  per- 
mit a  footwalk  three  (3)  feet  wide  as  measured  from  the  side 
of  the  car,  to  be  laid  by  means  of  longitudinal  planks,  and 
protected  on  the  outside  by  a  hand  rail  of  pattern  to  be  ap- 
proved by  the  Board. 

Guard  rails  shall  be  laid  the  whole  length  of  each  track  and 
on  both  sides  of  the  rail.  In  the  under  ground  work  these 
guard  rails  shall  be  of  steel  in  the  shape  of  bulb  angles  or 
such  other  form  as  may  be  permitted  by  the  Engineer.  On 
viaducts  they  shall  be  of  long-leafed  yellow  pine  timber,  six 
(6)  inches  wide,  eight  (8)  inches  deep  outside  of  the  rails, 
and  six  (6)  inches  deep  inside  of  the  rails,  and  about  thirty 


70 


Chap.  II. — Agree 't  for  Const' 'n:   Specifications 

(30)  feet  long.  Each  pair  of  outside  or  inside  guard  rails 
shall  be  secured  to  alternate  ties  by  three-quarter  (£4)  inch 
bolts,  and  the  outside  guard  rails  shall  be  notched  one  (i) 
inch  over  the  ties.  The  joints  between  connecting  timbers 
shall  be  made  by  a  lap  joint  at  least  eighteen  (18)  inches 
long  and  a  close  fit.  On  the  inside  of  sharp  curves  wooden 
guard  rails  may  be  omitted  and  a  guard  rail  consisting  of 
track  rail  laid  in  place.  The  flange  of  sucn  rail  shall  be  planed 
off  to  permit  the  guard  rail  to  be  set  against  the  track  rail. 
Guard  rails  shall  be  set  at  such  a  distance  from  the  track 
rails  as  may  be  directed  by  the  Engineer. 

All  timber  used  in  connection  with  the  track  shall  be  thor-  Timber 
oughly  sound  and  free  from  sap,  shakes,  decay,  or  any  other  quality  of. 
defects  which,  in  the  judgment  of  the  Engineer,   might  im- 
pair its  strength,  durability  or  serviceability  for  the  special 
uses  intended,  and  after  being  dressed  to  the  dimensions  re-  Preserved, 
quired  shall  be  preserved  against  decay  by  some  process  satis- 
factory to  the  Engineer. 

All  frogs,   switches  and  other  appurtenances  of  a  similar  Frogs  and 
nature,  must  be  of  such  a  design  as  to  give  an  unbroken  or   switches, 
continuous  bearing  on  the  main  track  rails,  and  all  such  de- 
vices must  receive  the  approval  of  the  Engineer  before  being 
laid.    All  switches,  as  far  as  practicable,  shall  be  laid  trailing. 

All  angle  bars,  bolts  and  nuts,  washers,  nutlocks,  hook  bolts,  Fastenings, 
spikes,  and  other  material  used  in  connection  with  the  track, 
shall  be  according  to  the  plans  issued  by  the   Board  or  as 
may  be  approved  by  the  Engineer. 

All  framing  of  timber  must  be  neatly  done.     Holes  must  Timber,   framing 
be  bored  truly,   and  recessed  holes  such   as  for  washers  or  of- 
rivet  heads,  are  to  be  bored  with  augurs  with  stop  gauges. 
The  size  of  augurs  used,  as  a  general  thing,  to  be  only  large 
enough  to  permit  the  bolt  to  pass  the  hole  easily. 

17.     SEWERS. 

Sewers  and  appurtenances  are  to  be  built  of  the  materials, 
sizes  and  dimensions,  on  the  lines  and  in  the  manner  shown 
by  Contract  Drawings  Numbers  B  i.  to  B  46. 

The  general  clauses  in  these  specifications  relating  to  ex-  Qenerai  ciauses  to 
cavation,  both  in  open  trench  and  tunnel;  backfilling;  cement;  govern, 
mortar;  masonry;  piling;  timber  work  of  all  kinds;  care  of 

71 


Chap.  II. — Agree' t  for  Const' n:  Specifications 


Spurs. 


All  masonry 
to  be  laid  in 
cement  mortar. 


Excavation  to  be 
sheeted  and  kept 
free  of  water. 


Existing   sewer  to 
be  removed. 


streets  and  public  places :  maintenance  of  surface  and  sub- 
surface structures ;  protection  of  persons  and  neighboring 
property ;  repaying  or  restoring  of  the  surface  of  the  street  or 
other  public  places ;  responsibility  of  the  Contractor ;  authority 
of  the  Engineer  to  examine  and  condemn  materials;  and  the 
power  of  the  Board  and  the  Engineer  in  all  or  any  other  re- 
spects to  enforce  this  contract,  apply  to  the  construction  and 
reconstruction  of  se'wers,  water  mains  or  pavements,  unless 
specifically  amended  or  exempted  below,  both  along  the  route 
occupied  by  the  railway  and  elsewhere. 

All  necessary  bull's  eyes  or  spurs  for  connection  of  branch 
sewers,  whether  of  brick  or  pipe,  are  to  be  built  in  the  pro- 
posed sewer  at  the  points  indicated  on  the  Contract  Drawings, 
and  at  other  points  as  the  Engineer  may  direct. 

All  the  mason  work  throughout,  whether  of  brick  or  stone, 
will  be  laid  in  cement  mortar,  made  and  laid  as  described 
in  these  specifications,  except  when  otherwise  ordered  in 
writing  by  the  Engineer. 

All  the  trenches,  while  the  foundations  are  being  laid  and 
the  masonry  being  constructed,  must  be  kept  entirely  free  from 
water  at  the  Contractor's  expense,  and  the  sides  of  the  exca- 
vations must  in  all  cases  be  strongly  and  thoroughly  sheeted 
and  shored. 

If  it  should  be  found  upon  excavating,  that  the  proposed 
sewers,  culverts  or  receiving  basins  would  follow  the  line  or 
occupy  the  place  of  any  existing  sewer,  culvert,  drain  or  water 
pipe,  the  Contractor  shall,  if  the  Engineer  so  directs,  remove 
such  sewer,  culvert,  drain  or  water  pipe  and  rebuild  and  re- 
lay the  same  in  such  place  and  in  such  manner  as  the  said 
Engineer  shall  direct,  and  if  in  the  opinion  of  the  Chief  En- 
gineer of  the  Department  of  Water  Supply,  it  be  necessary 
to  temporarily  remove  and  relay  any  water  pipe,  the  same 
shall  be  done  by  the  Contractor  or  by  the  said  Chief  Engineer, 
and  the  expense  thereof  shall  be  borne  by  the  Contractor; 
and  all  existing  sewers,  culverts,  drains,  and  house  connections 
intercepted  by  the  proposed  sewers,  culverts  or  receiving  ba- 
sins, shall  be  connected  with  the  new  work  in  such  manner 
as  the  Engineer  shall  direct;  and  all  sewers,  drains,  basins, 
or  culverts  rendered  unnecessary,  or  becoming  disused  by  the 
construction  of  the  work  herein  contemplated,  must  be  filled  in 


Chap.  II. — Agree 't  for  Const' n:   Specifications 

and  made  solid,  in  the  manner  directed,  with  good,  whole- 
some earth. 

Should  postponement  or  delay  be  occasioned  by  the  pre-  Allowance  of  time 
cedence  of  paving  or  other  contracts,  which  may  be  either  let  for  delays, 
or  executed  by  the  Department  of  Highways  before  or  after 
the  execution  of  this  contract,  on  the  line  of  the  work,  no 
claims  for  damages  therefor  shall  be  made  or  allowed ;  nor 
shall  any  claim  for  damages  be  made  or  allowed  in  conse- 
quence of  the  street  or  the  adjoining  sewers  not  being  in  the 
condition  contemplated  by  the  parties  at  the  time  of  making 
the  contract,  except  that  if  the  Contractor  shall  be  delayed 
in  the  performance  of  his  work  by  reason  of  the  street  or  the 
adjoining  sewers  not  being  in  such  condition,  an  allowance  of 
time  shall  be  given  in  the  completion  of  the  work  equal  to 
the  delay  so  occasioned. 

The  connections  with  the  present  sewers  are  to  be  made  in    Connections 
a  workmanlike  manner.    Wherever  the  proposed  sewers  con-  prc 
nect  with   manholes  into  which  pipes  of  unsuitable  size  for 
such  connections  have  been  inserted,  the  same  shall  be  care- 
fully taken  out  and  new  connections  made  without  injuring  the 
manholes.     The  ends  of  all  sewers,  branches  and  spurs  to  be 
securely  closed  with   brick   masonry  of  approved   stoneware 
covers. 

The  ground  shall  be  excavated  in  open  trenches  to  the  nee-  Trenches, 
essary  width  and  depth,  or  as  directed  by  the  Engineer. 

The   trenches   for  sewers   in   streets   other  than   the   route   Trenches,  di- 
of  the  railroad,  shall  be  one  (T)  foot  wider  on  each  side  than   mension  of- 
the  sewers  intended  to  be  laid  in  them,  at  the  point  of  the 
greatest   external   diameter,   and   the   bottom   of   the  trenches 
shall  be  excavated  to  the  exact  form  and  size  of  the  lower 
half  of  the  sewers,  or  as  the  contract  drawings  call  for,  un- 
less otherwise  ordered  by  the  Engineer. 

No  tunnelling  will  be  allowed  except  by  special  consent  of  the  No  tunneling. 
Board  and  according  to  the  method  approved  by  the  Engineer. 

The   sides  of   the  excavation   shall   be   supported  by  suitable   Shoring, 
planking,  and  shoring  wherever  necessary;  and  in  all  cases  the 
same  are  to  be  drawn  as  the  work  progresses,  unless  otherwise 
ordered. 

All  irregularities  in  the  bottom  of  the  trenches  shall  be  filled  up   Foundations  to  be 
to  the  required  level  with  gravel  or  clean  sand,  firmly  rammed  in ;   r 

73 


Chap.  II. — Agree 't  for  Const' n:   Specifications 


Passageway  to 
be  left  clear. 


Length  of 
trench  to  be 
opened. 


Surplus    material 
to  be  removed. 


Quicksand. 


Drains,   etc. 
interrupted. 


and  where  the  ground  does  not  afford  a  sufficiently  solid  founda- 
tion the  Contractor  shall  excavate  the  trench  to  such  increased 
depth  as  the  Engineer  may  decide  to  be  necessary,  and  shall  then 
bring  it  up  to  the  required  level  and  form  with  such  material  and 
in  such  manner  as  the  Engineer  shall  determine. 

The  material  excavated  from  the  trench  in  streets  other  than 
the  route  of  the  railway,  for  the  first  one  hundred  (100)  feet  in 
length,  shall  be  carted  away  by, the  Contractor  as  soon  as  ex- 
cavated, and  the  material  subsequently  excavated  shall  be  used  to 
fill  in  the  trench  where  the  sewer  has  been  built.  This  is  done  so 
as  to  insure  that  there  shall  be  no  surplus  material  lying  on  the 
line  of  the  street  at  any  time  during  the  construction  of  said  sewer. 
Any  extra  material  required  for  filling  at  the  completion  of  the 
work  shall  be  procured  by  the  Contractor,  and  at  all  times  the 
streets  and  sidewalks  shall  be  kept  open  and  free  for  the  passage 
of  carts,  wagons,  carriages  and  street  or  steam  railroad  cars,  or 
pedestrians,  unless  when  otherwise  authorized  by  special  permis- 
sion of  the  Board. 

No  more  than  two  hundred  (200)  feet  of  trench  off  the  line  of 
the  railroad  shall  be  opened  at  any  one  time  in  advance  of  the 
complete  building  of  the  sewer,  unless  by  permission  of  the  Board, 
and  for  the  distance  therein  specified. 

On  the  completion  of  each  section  of  one  hundred  (100)  feet  of 
sewer  the  regrading  and  repaving  over  the  same  shall  be  done  and 
completed,  and  all  surplus  earth,  sand  and  rubbish  on  that' section 
shall  be  immediately  removed.  Should  the  Contractor  fail  to  com- 
ply with  the  foregoing  clause,  after  twenty-four  (24)  hours'  no- 
tice in  writing  by  the  Engineer,  the  same  may  be  done  at  his  ex- 
pense and  the  cost  thereof  deducted  from  his  next  payment. 

When  running  sand,  quicksand,  or  bad  or  treacherous  ground 
is  encountered,  the  work  shall  be  carried  on  with  the  utmost  vigor, 
and  shall  be  proceeded  with  day  and  night,  should  the  Board  so 
require. 

The  Contractor  shall  provide  for  the  flow  of  all  sewers,  drains 
and  water-courses  interrupted  during  the  progress  of  the  work, 
and  shall  restore  and  make  good  all  connections,  and  shall  imme- 
diately cart  away  and  remove  all  offensive  matter,  in  such  manner 
and  with  such  precautions  as  may  be  directed  by  the  Engineer. 

All  excavations  for  culverts  and  receiving  basins  in  earth  are 
subject  to  these  specifications  for  trenches. 


74 


Chap.  II. — Agree' t  for  Const' n:   Specifications 


When  rock  is  to  be  excavated,  it  shall  be  fully  taken  out  twenty 
(20)  feet  in  advance  of  the  laying  of  the  sewer,  and  six  (6) 
inches  below  the  grade  of  the  outer  bottom  of  the  sewer,  and,  ex- 
cept when  concrete  or  cement  is  used  under  the  sewer,  the  trench 
then  filled  up  to  the  level  of  that  grade  with  clean,  sharp  sand, 
thoroughly  rammed  and  made  solid.  The  trench  at  the  point  of 
the  sewer's  greatest  external  diameter  shall  be  one  ( i )  foot  wider 
on  each  side  than  the  sewer  intended  to  be  laid  in  it,  provided  that 
the  trench  shall  in  no  case  be  of  less  width  than  four  (4)  feet  six 
(6)  inches,  and  from  this  point  to  the  bottom  of  the  trench  the 
sides  shall  be  vertical ;  and  from  the  same  point  the  sides  of  the 
trench  shall  be  sloped  upward  in  the  proportion  of  three  (3) 
inches  horizontal  to  one  (i)  foot  vertical,  and  so  continued  until 
the  trench  has  a  width  of  twelve  (12)  feet;  thence  to  the  surface 
the  sides  are  to  be  carried  up  vertically,  and  at  a  width  of  twelve 
(12)  feet.  In  case  the  width  of  the  sewer  exceeds  ten  (10)  feet 
the  trench  shall  be  excavated  one  ( i )  foot  wider  on  each  side  than 
the  greatest  width  of  the  sewer,  and  the  sides  of  the  trench  shall  be 
carried  up  vertically  at  that  width  to  the  surface. 

After  the  sewer  with  its  required  foundations  is  laid  or  built 
the  trench  shall  be  backfilled,  and  the  filling  carefully  packed  and 
rammed  under  and  around  the  sewer  by  trusty  persons  with  proper 
tools.  The  refilling  of  the  trenches  shall  be  done  in  layers  not  ex- 
ceeding four  (4)  inches  thick  in  the  loose,  and  the  earth  used  is 
not  to  be  dumped  in  piles,  but  is  to  be  spread  evenly  at  that  thick- 
ness, and  then  compressed  by  iron  tampers.  The  number  of  men 
using  tamping  irons  shall  be  in  the  proportion  of  four  (4)  tamp- 
ers to  one  (i)  shoveller.  If  directed  by  the  Engineer  the  filling 
shall  be  flushed  with  water  before  tamping.  No  stone  over  three 
inches  in  diameter  will  be  allowed  in  refilling.  No  retaining  walls 
for  the  refilling  will  be  allowed  in  the  trenches  over  the  sewers, 
whether  for  temporary  use  or  othenvise. 

The  refilling  in  all  cases  shall  be  of  good,  clean  earth,  sand  or 
gravel,  free  from  stones  above  three  inches  in  diameter,  and  not 
containing  in  any  part  or  place  a  proportion  of  stones  below  that 
size  exceeding  one  (i)  part  of  stone  to  three  (3)  parts  of  earth. 
For  a  height  of  at  least  one  and  a  half  feet  (1^2)  above  the  top  of 
all  pipe  sewers  the  material  shall  be  entirely  free  from  stones. 

Where  pipe  sewers  are  used  special  precaution  will  be  required. 
The  earth  must  be  carefully  laid  in  so  as  not  to  disturb  them,  and 


Rock    excavation, 
dimensions    of. 


When  the  sewer 
exceeds  ten  feet 
in  width. 


Refilling. 


Thickness    of 
layers. 


Kind  of   earth 
used. 


Where  pipe 
sewers   are   used. 


75 


Chap.  II. — Agree't  for  Const' n:   Specifications 


Removal   of   sur- 
plus  material. 


tamped  and  solidly  rammed  down  under  and  around  the  pipes, 
with  proper  tools  made  for  this  purpose.  The  trench  shall  then 
be  filled  by  layers,  as  above  described,  and  the  first  layers  to  a 
point  at  least  nine  (9)  inches  above  the  top  of  the  pipe  shall  be 
carefully  thrown  in  with  shovels,  and  not  from  barrows  or  carts. 
Ii  all  cases  of  rock  excavation  clean.,  wholesome  earth  must  be 
provided  and  refilled  in  the  manner  above  described  for  a  height 
of  at  least  fifteen  (15)  inches  above  the  top  of  the  pipe. 

As  the  trenches  are  filled  in  and  the  work  completed,  the  Con- 
tractor shall  cart  away  or  remove  all  surplus  earth,  stone  and 
other  material  from  the  ground,  or  to  such  places  on  the  line  of 
the  work  as  the  Engineer  shall  direct,  and  leave  all  roads  and 
places  free,  clear  and  in  good  order ;  and  in  case  this  is  neglected, 
he  will  be  allowed  only  twenty-four  (24)  hours  to  remove  the 
same,  after  a  written  notice  of  his  failure  or  neglect. 

Quality  of  bricks.  In  the  construction  of  brick  masonry,  none  but  the  best  quality 
of  \vhole  North  River  bricks,  burned  hard  entirely  through,  will 
be  used ;  they  shall  be  equal  to  the  sample  to  be  seen  in  the  office 
of  the  Engineer  of  the  Department  of  Sewers  and  are  to  be  culled 
as  the)  are  brought  on  the  ground,  and  all  bats  and  all  bricks  of 
improper  quality  are  to  be  immediately  removed  from  the  work. 

The  bricks  are  to  be  thoroughly  wet  by  immersion  immediately 
before  laying.  Every  brick  is  required  to  be  laid  in  a  full  joint  of 
mortar,  made  ?,s  described  in  these  specifications,  on  its  beds,  ends 
and  sides,  at  one  operation.  In  no  case  is  mortar  to  be  slushed  or 
grouted  in  afterward.  The  bricks  are  to  be  neatly  and  truly  laid, 
every  second  course  by  line,  and  the  joints  to  be  carefully  struck 
on  the  inside,  and  the  sewer  is  to  be  coated  on  the  outside  with  Nat- 
ural cement  mortar  one  ( i )  inch  in  thickness,  mixed  in  the  pro- 
portion one  ( i )  cement  to  one  ( I )  sand. 

All  brick  work,  as  it  progresses,  must  be  racked  back  in  courses, 
and  in  no  case  will  it  be  allowed  to  be  toothed,  unless  by  special 
permission  in  writing  from  the  Engineer. 

All  inverts,  or  bottom  curves,  are  to  be  worked  from  profiles 
accurately  made  according  to  the  dimensions  of  the  sewer,  and 
correctly  set  according  to  the  grades  furnished.  The  same  shall 
be  allowed  to  set  for  twenty-four  (24)  hours  before  the  arch  is 
turned.  Vitrified  stoneware  inverts  will  be  used  when  required 
by  the  plan  of  the  work,  and  whenever  so  used  they  must  be  thor- 
oughly jointed  so  as  to  be  water-tight  along  the  inner  surface  of 


Bricks  to  be  wet 
before    laying   and 
laid  in  full  beds  of 
/     mortar. 


Courses    racked 
back. 


Inverts. 


Chap.  II. — Agree' t  for  Const 'n:  Specifications 

the  sewer,  in  such  manner  as  the  Engineer  shall  direct ;  and  when 
required  by  the  Engineer  the  internal  space  of  the  invert  blocks  is 
to  be  solidly  filled  with  concrete  made  as  described  in  these  specifi- 
cations and  well  rammed  in  as  each  invert  block  is  laid. 

The  upper  curves  of  arches  to  be  formed  on  strong  centres  of  Centres, 
correct  form  and  dimensions,  according  to  the  sizes  and  shapes  re- 
quired.   The  crown  is  to  be  keyed  up  with  stretchers,  in  full  joints   Crown  of  the 
of  mortar.    The  centres  shall  not  be  removed  or  withdrawn  in  less  arcn- 
than  thirty-six  (36)  hours,  and  until  the  work  is  thoroughly  set 
and  the  filling  of  earth  is  properly  put  into  place  a  depth  which  is 
at  least  one  ( i )  foot  above  the  crown  of  the  arch.     The  centres 
shall  then  be  drawn  or  struck  with  care,  so  as  not  to  crack  or  in- 
jure the  work. 

All  fresh  work  must  be  carefully  protected  from  injury  in  any  Fresh  work  to  be 
way.    No  wheeling  or  walking  on  it  will  be  allowed,  and  any  por-  Protected- 
tion  injured  must  be  relaid  by  the  Contractor. 

Unless  otherwise  permitted,  vitrified  sewer  pipes  or  spurs,  with    Vitrified   sewer 
heels  moulded  thereon  for  house  connections,  and  equal  in  every  b^^ui?^  i^h5 
respect  to  those  described  in  these  specifications,  and  of  not  less  wall, 
than  six  (6)  inches  interior  diameter,  and  of  sufficient  length  to 
project  at  least  four  (4)  inches  beyond  their  exterior,  are  to  be 
worked  into  the  walls  of  brick  or  pipe  sewers  at  an  angle  of  about 
forty-five  (45)  degrees,  and  in  the  direction  of  the  flow  of  the 
current.     They  are  to  be  built  in  wherever  similar  house  connec-   Where  and  how 
tions  exist  in  the  present  sewer  which  is  to  be  reconstructed  under  built, 
this  contract.    In  the  case  of  the  construction  of  new  sewers  where 
no  sewers  existed  previously,  except  sewers  under  public  parks  or 
crossing  intersecting  streets  they  are  to  be  built  in  opposite  each 
house,  and  where  there  are  no  houses,  at  an  average  distance  apart 
of  seven  and  one-half  (jl/2}  feet  opposite  all  lot  fronts;  they  are 
to  be  so  set  that  their  inner  ends  will  be  flush  with  the  inner' face 
of  the  sewer,  which  end  must  be  moulded  or  trimmed  to  the  same 
curve.    They  are  to  be  set  at  such  height  in  the  walls  as  the  En- 
gineer may  direct,  and  each  pipe  or  spur  is  to  be  closed  outside  by 
inserting  an  earthenware  cover  made  for  the  purpose. 

All  pipe  branches  for  lateral  sewers  are  to  be  similarly  furnished 
and  built  in  where  required. 

All  mortar  is  to  be  composed  of  one  (i)  part  of  fresh-ground  Mortar, 
natural  hydraulic  cement,  of  the  best  quality,  and  two  (2)  parts 
of  clean,  sharp  sand,  entirely  free  from  loam.    It  is  to  be  carefully 

77 


Chap.  II. — AgreSt  for  Const' n:   Specifications 


Cement,  its  quality 
and  test. 


Neat   cement. 
Concrete. 


Layers. 

No  working  on  it. 
Dirty   stone,    etc. 


Pipe  sewers. 


How    designated. 


Concentric. 


Thickness. 


and  thoroughly  mixed  dry,  and  a  sufficient  quantity  of  water  is  to 
be  afterwards  added  to  make  it  of  proper  consistency.  No  mortar 
of  improper  quality  will  be  allowed  to  be  used  in  the  work. 

All  cement  furnished  by  the  Contractor  will  be  subject  to  in- 
spection and  test  before  it  is  used.  Natural  cement  shall,  when 
mixed,  be  capable  of  resisting  a  tensile  strain  of  fifty  (50),  and 
Portland  cement  one  hundred  and  sixty  (160)  pounds  per  square 
inch,  after  thirty  (30)  minutes  exposure  in  air  and  twenty-four 
(24)  hours  immersion  in  water. 

When  necessary,  in  the  opinion  of  the  Engineer,  cement  alone, 
without  any  admixture  of  sand,  will  be  used. 

Where  concrete  is  required  it  shall  be  composed  of  one  ( i )  part 
cement,  two  (2)  of  sand,  mixed  into  mortar  as  specified  above, 
excepting  that  in  mixing  mortar  for  concrete  less  water  shall  be 
used  than  in  mixing  mortar  for  brickwork,  and  five  (5)  parts  of 
clean,  broken  stone,  free  from  dust  or  dirt,  and  broken  so  as  to 
pass  in  every  way  through  a  one  ( i )  inch  ring.  It  shall  be  quickly 
and  thoroughly  mixed  in  a  box  made  for  that  purpose,  and  de- 
posited in  layers  of  not  less  than  four  (4)  nor  more  than  nine  (9) 
inches  in  thickness,  and  must  be  settled  into  its  place  by  ramming 
sufficiently  to  flush  the  mortar  to  the  surface. 

When  in  place,  all  wheeling,  working  or  walking  on  or  over  it 
must  be  prevented  until  it  is  sufficiently  set. 

All  gravel  and  broken  stone  that  is  dusty  or  dirty  will  be  re- 
quired to  be  thoroughly  screened  and  washed  before  it  can  be 
used ;  and  such  piles  or  heaps  as  have  any  admixture  of  dirt,  or 
stones  above  the  size  specified,  will  be  wholly  rejected  when  de- 
livered upon  the  work. 

Where  required,  vitrified  salt  glazed  stoneware,  sewer  and  drain 
pipes  shall  be  furnished  and  laid  down,  of  the  sizes  and  in  the 
manner  shown  on  the  plan  of  the  work  herein  specified. 

The  pipes  shall  be  designated  by  their  interior  diameters.  Each 
pipe  shall  be  a  true  cylinder,  and  shall  have  in  every  part  an  in- 
ternal area  equal  to  the  full  area  due  to  its  diameter. 

The  inner  and  outer  surface  of  each  pipe  shall  be  concentric. 
All  straight  pipes  must  be  straight  in  the  direction  of  the  axis  of 
the  cylinder. 

All  pipes  of  a  diameter  of  twelve  (12)  inches  and  under  shall 
in  no  part  be  less  than  one  ( i )  inch  in  thickness ;  those  of  fifteen 
(15)  inches  and  not  under  twelve  (12)  shall  in  the  same  way  be 


Chap.  II. — Agree' t  for  Const' n:   Specifications 

not  less  than  one  and  one-quarter  (i^4)  inches  thick;  and  those 
of  eighteen  (18)  inches  and  not  under  fifteen  (15)  not  less  than 
one  and  three-eighths  (i-Hs)  inches  thick. 

All  pipes  of  whatever  kind  shall  be  made  of  the  best  material,   Made  of  best  ma- 
thoroughly  and  perfectly  burned,  without  warps,  cracks  or  imper-  terials  ancl  Rlazed. 
fections,  and  shall  be  well  and  smoothly  salt  glazed  in  the  best 
manner  over  their  entire  inner  and  outer  surfaces ;  and  they  shall 
be  of  equal  quality  in  every  respect  to  the  samples  exhibited  at 
the  pipe  yards  of  the  Department  of  Sewers,  and  subject  to  all 
tests  ordered  by  the  Engineer,  at  any  time  previous  to  their  being 
used. 

Each  straight  pipe,  having  no  branch  or  connection,  shall  in  no  Length, 
case  be  less  than  two  (2)  feet  and  six  (6)  inches  in  length. 

Each  pipe  having  an  opening  moulded  into  it  for  the  house  con- 
nection, or  a  branch  of  any  size  or  kind,  shall  not  be  less  than  two 
(2)  nor  more  than  three  (3)  feet  in  length. 

Each  pipe  of  whatsoever  kind  must  be  fitted  with  a  sleeve  or   Pipe  to  be  fitted 
collar  of  the  same  character,  cylindricity,  and  thickness  and  not  Wlth  collar- 
less  than  five  (5)  inches  in  width. 

Each  collar  must  have  an  internal  diameter  of  not  less  than   Sizes  of  collars. 
one-half    (l/2)    nor  more  than   one  and   one-half    (1^2)    inches 
greater  than  the  external  diameter  of  the  pipe  to  which  it  is  to  be 
fitted. 

When  required,  curved  pipe  shall  be  furnished  and  laid,  curved  Curved  pipe, 
to  such  a  radius  with  the  axis  of  the  pipe  as  may  be  shown  on  the 
plan  of  the  work.    No  curved  pipe  shall  exceed  three  (3)  feet  in 
length. 

The  spurs  are  to  be  closed  with  approved  vitrified  stoneware   Covers, 
covers. 

Bends,  syphons  and  special  pipes  shall,  if  required,  be  furnished   Bends,  etc. 
and  laid  of  the  sizes  and  forms  shown  on  plan  of  the  work. 

In  case  the  Commissioner  of  Sewers  shall  elect  to  use  hub  and   Hub  and  spigot 
spigot  pipes  they  shall  be  furnished  in  all  cases  similar  and  equal   plpe- 
in  size,  quality  and  kind  to  those  above  described.     The  hub  shall 
have  a  depth  of  at  least  three   (3)   inches  from  its  face  to  the 
shoulder  of  the  pipe  on  which  it  is  moulded,  and  shall  have  an 
interior  diameter  not  loss  than  one   (i)   nor  more  than  two  (2) 
inches  greater  than  the  exterior  diameter  of  the  pipe  which  is  to 
be  fitted  into  it. 

79 


Chap.  II. — Agree' t  for  Const'n:   Specifications 


How  laid. 


Where   concrete 
foundation  is 
required. 


Each  joint  to  be 
fitted  with  a 
collar. 


Joints  to  be 
wiped  and  pointed. 


Foundation  strips 
of  plank. 


How  filled 
around. 


All  pipes  are  to  be  excavated  for  and  laid  true  in  line  and  grade 
throughout,  according  to  the  lines  and  grades  furnished  from  time 
to  time.  The  ends  of  the  pipes  shall  abut  against  each  other,  and 
in  such  manner  that  there  shall  be  no  shoulder  or  unevenness  of 
any  kind  along  the  bottom  half  of  the  sewer  on  the  inside. 

Before  putting  in  concrete,  side  pieces  of  plank  are  to  be  placed 
on  each  side  of  the  pipe,  giving  the  full  width  required  as  per 
section.  It  is  then  to  be  put  in  in  layers,  the  first  being  five  (5) 
inches  in  thickness  and  to  the  full  width.  Each  layer  of  concrete, 
after  being  thoroughly  tamped,  shall  be  allowed  to  be  properly 
set,  for  not  less  than  twenty-four  (24)  hours.  After  the  concrete 
is  set,  and  before  the  laying  of  the  pipe  is  commenced,  additional 
planks  shall  be  used  to  bring  it  up  to  the  height  required.  The 
plank  shall  not  be  removed,  but  shall  be  left  in.  Not  less  than 
sixty  (60)  feet  of  concrete  bottom  to  be  laid  at  one  time,  and  to 
be  tamped  to  mortar  surface. 

The  space  between  bands  to  be  filled  with  concrete  made  with 
small  stones  or  screened  gravel,  even  with  inner  surface  of  bands. 
The  pipe  is  then  to  be  bedded,  and  the  remainder  of  the  concrete, 
as  per  section,  put  in  place,  and  shall  be  exposed  twenty-four  (24) 
hours  for  inspection,  as  required  for  the  bottom  course. 

Each  joint,  as  the  pipes  are  laid,  is  to  be  fitted  with  a  collar  or 
ring  which  shall  lap  equally  the  ends  of  such  abutting  pipe;  the 
lower  half  of  the  said  collar  shall  in  all  cases  be  whole  and  un- 
broken, and  the  upper  half  shall  not  be  in  more  than  two  (2) 
pieces.  The  space  between  the  ring  and  the  pipes  is  to  be  as  uni- 
form as  possible,  and  to  be  thoroughly  filled  with  the  best  hy- 
draulic cement  mortar,  made  in  small  quantities,  of  equal  parts  of 
cement  and  clean,  sharp  sand,  thoroughly  mixed  dry,  and  water 
enough  afterwards  added  to  give  it  proper  consistency,  and  used 
as  soon  as  made.  The  joints  shall  be  carefully  wiped  and  pointed 
inside  and  out,  and  all  mortar  that  may  be  left  inside  to  be  thor- 
oughly cleaned  out ;  and  the  pipe  left  clean  and  smooth  through- 
out. When  required  strips  of  pine  or  spruce  plank  shall  be  fur- 
nished, six  (6)  inches  wide,  one  and  one-half  (i^)  inches  thick 
and  two  (2)  feet  long,  and  laid  transversely  with  the  trench,  or 
on  either  side  of  the  joint,  and  the  pipe  to  rest  thereon. 

When  the  pipes  are  in  place,  earth  shall  be  filled  in,  as  provided 
in  these  specifications.  Every  third  pipe  shall  be  filled  around  so, 
as  to  prevent  the  moving  of  the  joints. 


80 


Chap.  II. — Agree* 't  for  Const' n:   Specifications 


All  pipes,  previous  to  their  being  lowered  into  the  trench,  shall   Pipes  to  be  first 
be  fitted  together  dry  on  the  surface  and  matched,  so  that  when  "ttec*  dry. 
jointed  in  the  trench  they  may  form  a  true  and  smooth  line  of 
tubes,  and  in  no  case  shall  they  be  lowered  into  the  trench  until 
the  same  is  done. 


All  branch  pipes,  connections  and  pipe  of  whatever  kind,  shall 
be  excavated  for,  fitted  and  laid  as  above  described. 

When  hub  and  spigot  pipe  are  used,  they  shall  be  laid,  fitted 
and  jointed  evenly  and  smoothly,  in  the  same  manner  as  described 
above. 

No  walking  on  or  working  over  the  pipes  after  they  are  laid 
(except  as  may  be  necessary  in  tamping  the  earth  and  refilling) 
will  be  allowed  until  there  is  at  least  thirty  (30)  inches  of  earth 
over  them. 

The  interior  of  the  pipe  shall  be  carefully  freed  from  all  dirt, 
cement  and  superfluous  material  of  every  description  as  the  work 
proceeds,  for  which  purpose  a  disk  mould  or  plate  attached  to  a 
rod  sufficiently  long  to  pass  two  joints  from  the  end  of  the  pipe 
last  laid,  shall  be  continuously  worked  through. 

The  mouth  of  the  pipe  shall  be  carefully  protected  from  all 
blasts,  and  the  excavations  shall  in  all  cases  be  fully  completed  at 
least  twenty  (20)  feet  in  advance  of  the  laying  of  the  pipes.  In 
all  cases  the  mouth  of  the  pipe  shall  be  provided  with  a  board  or 
other  stopper,  carefully  fitted  to  the  pipe,  to  prevent  all  earth  and 
other  substance  from  washing  in. 

When  the  trench  is  properly  prepared,  and  before  laying  the 
sewer,  the  Contractor  must  notify  the  Engineer,  who  will  there- 
upon direct  an  assistant  or  general  inspector  to  be  present  on  the 
work  when  sewers  are  to  be  laid ;  and  it  is  further  expressly  un- 
derstood that  at  no  other  time  will  such  laying  be  proceeded  with. 

Under  station  platforms,  and  at  such  other  points  along  the 
route  of  the  railway  where  the  presence  of  pipes  and  other  sub- 
surface structures  would  prevent  free  access  to  the  sewer  for  the 
purpose  of  repairs,  the  sewer  shall  be  made  of  iron  pipe  of  the 
quality  called  for  in  these  specifications  for  waterpipe,  and  made 
with  lead  joints  in  a  manner  similar  to  that  specified  for  the  lay- 
ing of  water  pipes. 

Brick  manholes  shall  be  built  at  such  points  on  the  line  of  the 
pipe  sewers,  of  the  form,  thickness  and  in  the  manner  shown  on 
the  Contract  Drawings  of  such  work.  The  brick  work  shall  be 


Branch  pipe. 


Hub  and  spigot 
pipe. 


No  walking  or 
working  on  pipe. 


Pipe  to  be 
cleaned  as  laid. 


Mouth  of  pipe  to 
be  protected. 


Inspector  to  be 
present. 


Iron  pipes  to  be 
used. 


Manholes  on 
pipe  sewers. 


81 


Chap.  II. — Agree' t  for  Const' n:   Specifications 


Quality  of  work. 


Foundations. 


Steps  built  in. 


Bluestone. 


Manhole  head 
and  cover. 


Manholes  on 
brick  sewers. 


carried  up  to  within  twelve  (12)  inches  of  the  arch  of  the  estab- 
lished grade  of  the  street  at  that  point,  and  true  to  templets  cor- 
rectly made  and  set  at  top  and  bottom,  whence  not  less  than  eight 
(8)  lines  are  to  be  drawn.  The  work  in  all  respects  shall  be  of 
the  quality  described  in  these  specifications,  with  the  joints  neatly 
struck  and  pointed  on  the  inside. 

The  foundations  of  these  manholes  will  be  of  cement  concrete, 
commencing  not  less  than  twelve  (12)  inches  below  the  lines  of 
the  inner  bottom  of  the  sewer  at  that  point.  Sewer  pipes  are  to  be 
built  in  and  trimmed,  when  necessary,  so  as  to  be  flush  with  the 
inner  face  of  the  manhole,  and  an  arch  turned  over  the  same  on 
a  dry  sand  joint. 

Wrought-iron  rods  of  good  quality,  of  the  size,  length  and 
shape  required  for  steps,  are  to  be  built  in  where  shown  on  the 
said  Contract  Drawings. 

Hammer-wrought  bluestone  is  to  be  furnished  and  laid,  as 
shown  on  the  Contract  Drawings. 

A  cast-iron  manhole  head  and  perforated  cover,  free  from  im- 
perfections, and  thoroughly  cleaned,  and  in  dimensions,  quality  of 
iron  and  all  other  respects  similar  to  the  pattern  adopted  by  the 
Commissioner  of  Sewers,  and  now  exhibited  at  his  office,  are  to 
be  fitted  to  each  of  the  above-described  manholes.  Each  manhole 
head  and  each  cover  is  to  have  such  certain  marks  or  numbers 
cast  on  it  as  the  Commissioner  of  Sewers  shall  designate,  and  also 
have  its  weight  marked  distinctly  upon  it  with  oil  paint. 

For  street  manholes  no  head  shall  be  used  that  shall  weigh  less 
than  four  hundred  and  seventy-five  (475)  pounds,  nor  more  than 
five  hundred  (500)  pounds,  nor  cover  that  shall  weigh  less  than 
one  hundred  and  thirty-five  (135)  pounds,  nor  more  than  one 
hundred  and  fifty  (150)  pounds.  For  sidewalk  manholes  the 
heads  shall  weigh  not  less  than  three  hundred  (300)  nor  more 
than  three  hundred  and  ten  (310)  pounds  and  the  covers  not  less 
than  one  hundred  (100)  nor  more  than  one  hundred  and  ten 
( 1 10)  pounds.  When  the  pavement  of  street  is  asphalt,  the  man- 
hole head  shall  be  fitted  with  noiseless  covers. 

Brick  manholes  shall  be  worked  in  the  arch  of  the  brick  sewers. 
at  such  points  in  the  line  of  the  sewer  as  the  Board  may  direct,  of 
the  size,  form,  thickness,  and  in  the  manner  shown  on  the  Contract 
Drawings,  and  brought  up  to  within  twelve  (12)  inches  of  the 
arch  of  the  established  grade  of  the  street  at  that  point.  The  work 


82 


Chap.  II. — Agree't  for  Const'n:   Specifications 

in  all  respects  to  be  of  the  quality  above  described  for  manholes  or 
pipe  sewers.  The  manholes  are  to  be  fitted  with  wrought-iron 
rods  for  steps,  and  cast-iron  manhole  heads  and  covers,  as  above 
described. 

The  above  described  manholes,  whether  in  brick  or  pipe  sewers,   Xo  incomplete 
are  in  all  cases  to  be  fully  and  completely  built,  and  fitted  with  manholes- 
their  covers,  as  the  work  progresses,  and  as  each  is  reached ;  and 
the  sewers  will  not  be  allowed  to  be  laid  beyond  or  in  advance  of 
.any  uncompleted  manhole. 

Whenever  it  becomes  necessary  to  reconstruct  or  to  change  the  Receiving  basins, 
location  of  receiving  basins,  the  same  are  to  be  built  in  accordance 
with  the  plans  to  be  furnished  by  the  Board.    Each  portion  of  the 
basin  shall  be  built  of  the  size  and  materials  designated  on  said 
drawing  or  model;  and  all  of  the  brickwork  is  to  be  plastered 
thoroughly  inside  and  outside  with  cement  mortar,  mixed  in  the 
proportion  of  one  (i)  part  of  cement  to  one  (i)  part  of  clean, 
sharp  sand,  and  carefully  made  as  described  in  these  specifications. 
Each  basin  is  to  have  a  gutter  stone  and  a  head-stone,  sound  and  Gutter  stone  and 
perfect  throughout,  free  from  all  seams  and  imperfections,  with  stone, 

bluestone  curb  and  gutter  stones  adjoining,  all  cut  in  accordance 
with  the  said  drawings  or  patterns,  and  the  head-stone  is  to  be 
fitted  with  a  cast-iron  cover  of  the  best  quality,  weighing  not  less  Cast-iron  cover, 
than  eighty  (80)  nor  more  than  ninety-five  (95)  pounds,  of  the 
size  and  shape  shown  in  such  drawings  or  patterns,  and  also  a 
cast-iron  grate  bar,  made  according  to  drawing,  fastened  solidly  Grate  bar. 
into  the  said  head-stone,  in  the  manner  shown.     The  said  gutter 
stone  and  head-stone  must  be  finely  hammer-dressed  and  similar 
to  the  sample  at  the  pipe  yard  of  the  Department  of  Sewers,  un- 
less otherwise  ordered  by  the  Board.    An  iron  hood  or  trap  will  Trap, 
be   furnished  by   said   Department   of  the   size  and   dimensions 
shown  on  said  drawing  or  model,  and  is  to  be  built  in  the  basin  in 
the  manner  therein  shown.    The  whole  to  be  built  and  laid  in  ce- 
ment mortar,  as  described  in  these  specifications,  and  the  joints 
carefully  struck  on  the  inside. 

The  stone  forming  the  bottom  of  the  basin  to  be  in  all  cases  of 
the  thickness  as  shown  on  the  section,  and  in  not  more  than  two 
(2)  pieces. 

All  culverts  for  the   connection  of  receiving  basins   with   the   Culverts, 
sewers,  are  to  be  of  twelve  (12)  inch  vitrified  stoneware  drain 
pipe,  of  the  kind  and  quality  previously  described,  and  laid  and  the 

83 


Chap.  II. — Agree' t  for  Const' n:   Specifications 


Not  to  project 
inside  the  sewers. 


Culverts   to  be 
rebuilt. 


Permits    for  con- 
nections. 


Disposal  of  paving 
stones  and  other 
material. 


Catherine  street 
outfall. 


Staves. 


Creosoted. 


trench  refilled  in  the  manner  described,  and  shall  be  connected 
with  the  sewers  at  an  angle  of  forty-five  (45)  degrees,  and  in  a 
thorough  and  workmanlike  manner ;  and  when  connected  with  the 
sewers,  the  culvert  pipe  shall  not  project  inside  the  said  sewers, 
but  be  trimmed  flush  with  the  curve  and  lines  of  the  inner  face 
thereof.  In  case  the  line  of  the  sewers  shall  intersect  any  culverts 
now  built,  so  much  of  said  culverts  as  may,  in  the  opinion  of  the 
Engineer,  be  necessary,  shall  be  taken  up  and  rebuilt  or  relaid 
with  vitrified  stoneware  drain  pipe  or  brick,  as  the  case  may  be,  in 
the  manner  described  above,  and  connected  by  a  proper  curve  with 
said  sewers. 

The  Commissioner  of  Sewers  shall  have  the  right  to  connect 
any  sewer  or  sewers  with  the  sewers  to  be  built  under  this  con- 
tract, or  to  grant  permits  to  any  person  or  persons  to  make  con- 
nections therewith,  at  any  time  before  it  is  finally  completed ;  and 
said  Contractor  shall  not  interfere  with  or  place  obstructions  in 
the  way  of  such  persons  as  may  be  employed  in  building  such  new 
sewer  or  sewers,  or  in  making  such  connections.  No  extra  allow- 
ance will  be  made  to  the  said  Contractor  on  account  thereof. 

All  the  curb,  gutter,  flagging,  paving  and  macadam  stones 
necessary  to  be  removed,  together  with  all  rock,  earth  or  sand 
taken  from  the  trenches,  shall  be  placed  in  such  parts  of  the  car- 
riage way,  or  the  vicinity  thereof,  as  the  Engineer  in  charge  of 
the  work  shall  direct,  or  shall  be  removed  as  provided  in  these 
specifications ;  and  in  all  cases  a  passageway  on  the  sidewalks,  of 
not  less  than  three  (3)  feet  in  width,  shall  be  preserved  free  from 
all  obstruction,  and  the  Contractor  will  be  required  to  preserve 
from  needless  obstruction  the  carriage  way  on  one  side  of  the  line 
of  the  proposed  work. 

For  the  outfall  of  the  sewer  at  or  near  the  foot  of  Catherine 
Street,  there  shall  be  constructed  two  (2)  new  round  sewer  boxes 
of  the  size  and  shape  shown  on  the  Contract  Drawings.  These 
boxes  shall  be  built  of  staves  of  spruce  or  yellow  pine  timber, 
about  four  and  one-quarter  (4/4)  inches  thick  by  three  and  one- 
quarter  (3^4)  inches  face,  free  from  wind  shakes,  decay,  loose  or 
rotten  knots,  and  in  pieces  milled  accurately  on  all  sides  to  tem- 
plets conformable  with  the  plans.  After  milling  this  timber  shall 
be  thoroughly  creosoted  with  not  less  than  ten  (10)  pounds  of 
creosote  or  dead  oil  per  cubic  foot  and  tempered  according  to  a 
process  approved  by  the  Engineer.  The  boxes  shall  be  built  in 


Chap.  II. — Agree 't  for  Const' n:   Specifications 


Galvanized   iron. 


sections  about  twenty  (20)  feet  long,  more  or  less,  according  to 
the  spacing  of  the  pile  bents  of  the  pier.  The  staves  shall  be  held 
in  place  by  galvanized  iron  bands  fastened  with  screw  bolts  and  iron  bands, 
placed  about  three  (3)  feet  apart.  The  butt  joints  shall  be  cov- 
ered with  special  cover  bands  of  galvanized  iron  five  (5)  inches 
wide  and  one-quarter  (/4)  of  an  incn  thick,  with  thickened  lugs 
fastened  by  screw  bolts.  All  sections  of  the  boxes  shall  be  set  up 
on  centres  accurately  shaped  to  the  inside  surface  of  the  sewer  and  Centres, 
placed  about  six  (6)  feet  apart.  The  temporary  centering  on 
which  the  boxes  are  set  up  will  be  kept  in  place  until  they  are  se- 
cured in  position  and  shall  then  be  removed. 

The  cover  bands,  intermediate  bands,  mouth-pieces  and  the 
screw  bolts  fastening  them,  are  to  be  of  the  best  quality  of  gal- 
vanized iron,  and  to  accord  in  shape  and  dimensions  with  the 
drawings.  The  screw  bolts  and  nuts  must  have  the  surplus  zinc 
removed  from  the  threads  after  galvanizing,  to  allow  the  nuts  to 
work  freely  on  the  bolts. 

All  of  the  work  of  constructing,  adjusting  and  securing  these  Pier  alterations. 
boxes  and  all  alterations  of  pier  No.  34,  East  River,  necessary  for 
their  construction,  shall  be  done  in  the  manner  and  of  the  ma- 
terials and  workmanship  as  prescribed  by  the  standard  specifica- 
tions of  the  Department  of  Docks  and  Ferries  of  the  City  of  New 
York  relating  to  such  work. 

During  the  progress  of  the  work  and  until  the  entire  completion 
thereof,  all  sewers,  drains,  basins,  culverts  and  connections,  are  to 
be  kept  thoroughly  clean  throughout  and  left  clean,  and  the  drain- 
age now  passing  through  the  old  sewers  to  be  taken  up,  shall  be 
provided  for. 

If  during  the  progress  of  the  work  it  is  found,  in  the  opinion  of 
the  Engineer,  reasonably  impossible  to  construct  according  to  the 
Contract  Drawings  any  sewers,  manholes,  or  other  appurtenances, 
owing  to  the  presence  of  unknown  subsurface  structures  or  other 
contingencies,  the  Contractor  shall  construct  such  sewers,  man- 
holes or  appurtenances  in  the  location  and  according  to  the  direc- 
tions of  the  Engineer. 


Sewers   to   be 
kept  clean. 


Location    affected 
by  subsurface 
structures. 


18.     WATER  MAINS. 

Whenever  it  is  necessary  to  relay  any  water  main,  all  new  ma- 
terial required  for  the  same  shall  be  of  the  quality  and  laid  in  the 


Chap.  II. — Agree' 't  for  Const' n:   Specifications 


Description  of 
conduit   pipes. 


Bands,  etc. 
Dimensions. 

Straight  pipes. 

Thickness. 

Weight. 


Tested   by    cali- 
pers. 


manner  specified  below,  and  subject  to  the  various  clauses  of  these 
specifications  applicable  thereto. 

The  pipes  shall  be  circular  cylinders,  with  the  inner  and  outer 
surfaces  concentric,  and  of  the  full  interior  diameter  required. 

The  hub  or  socket  and  the  spigot  end  shall  be  shaped  in  exact 
conformity  with  the  standards  of  the  Department  of  Water  Sup- 
ply, to  be  furnished  by  the  Board,  and  will  be  tested  by  circular 
gauges. 

The  seat  or  shoulder  of  the  socket  and  the  end  of  the  spigot 
must  be  straight  and  even,  so  as  to  make  a  smooth  joint.  Special 
care  will  be  required  in  making  the  sockets  and  spigots  to  con- 
form to  the  drawings,  and  all  pipes  will  be  particularly  tested  at 
these  points.  No  pipe  will  be  received  whose  eccentricity  at  the 
spigot  and  socket  ends,  or  either,  exceeds  one-eighth  (/-"&)  of  an 
inch. 

The  pipes  shall  be  designated  by  dimensions  of  the  interior 
diameter. 

Bands,  buttons,  or  ribs  shall,  if  required,  be  cast  on  pipes,  of 
such  forms  and  dimensions  as  the  Engineer  may  direct. 

The  straight  pipe  shall  be  twelve  (12)  feet  long,  exclusive  of 
hub;  all  others  as  may  be  directed. 

All  the  pipes  shall  be  straight  in  the  direction  of  the  axis  of  the 
cylinder. 

The  thickness  of  the  pipes,  branches  and  special  castings  shall 
coi respond  with  the  standards  of  the  Department  of  Water  Sup- 
ply. The  weight  shall  be  approximately  as  follows : 

The  48-inch  pipes,  8,250  pounds  each. 
The  36-inch  pipes,  4,860  pounds  each. 
The  3o-inch  pipes,  4,000  pounds  each. 
The  2O-inch  pipes,  2,400  pounds  each. 
The  12-inch  pipes,  1,000  pounds  each. 
The  6-inch  pipes,  430  pounds  each. 

The  thickness  of  the  metal  of  the  pipes  and  special  castings  will 
be  tested  by  calipers  after  the  castings  have  been  freed  from  sand 
and  cleaned. 

No  pipe  will  be  received  when  the  thickness  of  metal  is  less  by 
more  than  one-twelfth  (i-i2th)  of  an  inch  than  the  thickness  re- 
quired by  the  standards. 


86 


Chap.  II. — Agree' t  for  Const' n:   Specifications 


No  pipe  or  casting  will  be  received  which  weighs  less  than  the 
•••/eights  above  mentioned  by  more  than  two  and  a  half  (2^/2)  per 
cent,  of  said  weights. 

All  straight  pipes  shall  be  cast  vertically,  with  the  hub  end 
down. 

All  the  castings  shall  be  made  in  such  moulding-sand  or  loam 
as  will  leave  the  surface  clean  and  smooth. 

All  the  castings  shall  have  the  year  in  which  they  are  cast,  the 
running  number  of  the  castings  of  the  same  size  and  form,  the 
letters  D.  W.  S.,  and  the  initials  or  name  of  the  Contractor,  and 
of  the  foundry  where  cast,  cast  on  the  outer  side  in  raised  letters 
of  not  less  than  two  (2)  inches  in  length  and  one-eighth  (]/&)  of 
an  inch  in  relief,  in  such  manner  as  the  Engineer  may  designate ; 
and,  in  case  any  pipe  shall  be  condemned,  the  letters  D.  W.  S. 
shall  be  erased  by  the  Contractor. 

The  metal  of  which  the  castings  are  to  be  cast  (which  must  be 
remelted  in  a  cupola  or  air-furnace)  shall  be  pig-iron,  made  with- 
out any  admixture  of  cinder-iron,  or  other  inferior  metal,  and 
shall  be  of  such  character  as  to  make  a  pipe  strong,  tough  and  of 
an  even  grain,  entirely  free  from  uncombined  carbon  when  seen 
under  the  microscope,  and  such  as  will  bear,  satisfactorily,  drill- 
ing and  cutting,  and  shall  have  a  tensile  strength  of  at  least  six- 
teen thousand  (16,000)  pounds  to  the  square  inch. 

The  castings  shall  be  free  from  scoria,  sand  holes,  air  bubbles, 
and  other  defects  and  imperfections. 

The  castings  shall  be  perfectly  cleaned  and  no  lumps  shall  be 
left  on  the  inner  surface  of  the  barrels  or  sockets,  or  on  the  outer 
surfacv  of  the  spigot  end. 

All  castings  being  perfectly  cleaned,  according  to  the  specifica- 
tions and  the  diiections  of  the  Engineer,  shall  be  subjected  to  a 
careful  and  thorough  hammer  inspection. 

Every  casting  must  be  thoroughly  dressed  and  made  clean  and 
free  from  earth,  sand  and  dust,  which  adheres  to  the  iron  in  the 
molds'.  Iron-wire  brushes  must  be  used,  as  well  as  softer  brushes, 
to  remove  the  loose  dust.  No  acid  or  other  liquid  shall  be  used  in 
cleaning  the  castings. 

Every  pipe,  branch  and  special  casting  shall  be  carefully  coated 
inside  and  out  with  coal  pitch  and  oil.  Every  casting  must  like- 
wise be  entirely  free  from  rust  when  the  coating  is  applied.  If 
the  casting  cannot  be  dipped  immediately  after  being  cleaned,  the 


Variation    in 
weight. 


To  be  cast 
vertically. 


Pipes  to  be 
marked. 


Quality    of   metal. 


Sockets  and 
spigots   to   be 
smooth. 


Hammer    inspec- 
tion. 


Cleaned. 


To  be  coated. 


Chap.  1 1. — Agree' t  for  Const' n:   Specifications 


The   coating. 


Heated. 


Renewal  of 
pitch. 


Inspection    before 
dipping. 


Proof  in  hydraulic 
press. 


Weight  to  be 
marked. 


Pipe  to  be  laid 
on  blocking. 


surface  must  be  oiled  with  linseed  oil,  to  preserve  it  until  it  is 
ready  to  be  dipped;  no  casting-  to  be  dipped  after  rust  has  set  in. 

The  coal-tar  pitch  to  be  made  from  coal  tar,  distilled  until  the 
naphtha  is  entirely  removed  and  the  material  deodorized  with  a 
mixture  of  five  (5)  or  six  (6)  per  cent,  of  linseed  oil.  Pitch, 
which  becomes  hard  and  brittle  when  cold,  will  not  answer  for 
this  use. 

Pitch  of  the  proper  quality  having  been  obtained,  it  must  be 
carefully  heated  in  a  suitable  vessel  to  a  temperature  of  300  de- 
grees Fahrenheit,  and  must  be  maintained  at  not  less  than  this 
temperature  during  the  time  of  dipping.  The  material  will  thicken 
and  deteriorate  after  a  number  of  pipes  have  been  dipped;  fresh 
pitch  must,  therefore,  be  frequently  added,  and  occasionally  the 
vessel  must  be  entirely  emptied  of  its  old  contents  and  refilled 
with  fresh  pitch. 

Every  casting  must  attain  a  temperature  of  300  degrees  Fahren- 
heit, before  being  removed  from  the  vessel  of  hot  pitch.  It  may 
then  be  slowly  removed  and  laid  on  skids  to  drip. 

No  casting  shall  be  dipped  until  the  authorized  inspector  has  ex- 
amined it  as  to  cleaning  and  rust  and  subjected  it  thoroughly  to 
the  hammer  proof.  It  may  then  be  dipped,  after  which  it  will  be 
passed  to  the  hydraulic  press  to  meet  the  required  water  proof. 
The  proper  coating  will  be  tough  and  tenacious  when  cold  on  the 
pipes,  and  not  brittle  or  with  any  tendency  to  scale  off. 

The  castings  must  be  capable  of  sustaining  a  pressure  in  the 
hydraulic  press  of  three  hundred  (300)  pounds  to  a  square  inch, 
and  any  casting  which  shows  any  defect,  by  leaking,  sweating  or 
otherwise,  will  be  rejected.  This  proof  will  be  made  at  the  foun- 
dry, and  at  the  expense  of  the  Contractor. 

The  casting  will  be  weighed,  and  the  weight  distinctly  marked 
on  the  casting  in  white  paint.  The  Contractor  will  provide  at  the 
foundry  where  the  pipes  and  castings  are  to  be  manufactured 
proper  sealed  scales  and  weights  for  weighing  the  castings,  which 
will  be  done  at  the  expense  of  the  Contractor,  under  the  supervi- 
<=ion  of  the  inspector. 

Each  pipe  over  six  (6)  inches  inside  diameter,  unless  otherwise 
ordered,  shall  be  placed  on  two  blocks  and  four  wedges  of  hem- 
lock timber,  the  wedges  to  rest  on  the  blocks  and  the  pipe  on  the 
wedges. 


88 


Chap.  II. — Agree 't  for  Const' n:   Specifications 


Yarn. 
Lead. 


The  blocks  and  wedges  shall  be  of  sound  hemlock  timber.  Blocks. 
Forty-eight  (48),  thirty-six  (36)  and  thirty  (30)  inch  pipe  shall 
be  laid  on  blocks  four  (4)  feet  long,  twelve  (12)  inches  wide  and 
six  (6)  inches  thick,  with  wedges  eighteen  (18)  inches  long,  six 
(6)  inches  wide,  four  (4)  inches  thick  on  one  end  and  one-half 
(1/2)  inch  thick  on  the  other.  Twenty  (20)  and  twelve  (12) 
inch  pipe  shall  be  laid  on  blocks  two  (2)  feet  long,  eight  (8) 
inches  wide  and  four  (4)  inches  thick,  with  wedges,  twelve  (12) 
inches  long,  four  (4)  inches  wide,  three  (3)  inches  thick  on  one 
end  and  one-half  (l/2}  inch  thick  on  the  other. 

The  spigot  end  of  the  pipe  shall  be  inserted  into  the  hub  to  Joints, 
within  from  one- fourth  (%)  to  one-eighth  (^)  of  an  inch  of  the 
full  depth  of  the  hub,  and  the  space  around  the  pipe  shall  be 
equalized  so  as  to  give  as  nearly  as  possible  an  equal  space  for  the 
packing.  The  space  between  the  pipe  and  hub  shall  be  packed 
with  clean,  sound  hemp  packing  yarn,  free  from  tar,  far  enough 
to  leave  the  proper  space  for  lead.  The  remaining  space  shall 
then  be  filled  by  running  it  full  of  lead  to  a  depth  of  four  (4) 
inches,  with  a  bead  outside  of  the  face  of  the  hub  large  enough 
to  allow  for  caulking,  so  that  when  the  joint  is  properly  caulked 
the  lead  will  be  flush  with  the  hub  of  the  pipe.  After  the  joint 
shall  have  been  run  with  lead,  it  shall  be  caulked  by  means  of 
proper  toe's,  so  as  to  make  a  watertight  joint. 

The  lead  to  be  used  shall  be  of  the  best  quality  of  pure,  soft    Quality  of  lead. 
V*ad,  and  in  every  respect  suitable  for  the  purpose. 

In  ca^-e  it  becomes  necessary  to  cut  any  connection  with  any 
other  main,  house  or  hydrant,  or  in  any  way  to  interfere  with  the 
continuous  and  normal  flow  of  water,  due  notice  shall  be  sent  at 
least  forty-eight  (48)  hours  in  advance  to  the  Engineer  and  to  the 
Commissioner  of  Water  Supply,  and  the  Contractor  shall,  if  so 
ordered,  make  a  temporary  by-pass  or  other  arrangement  to  prt 
serve  the  flow  of  water  while  breaking  connections. 

All  connections  cut,  interfered  with  or  injured  shall  be  restored 
under  the  directions  of  the  Engineer  and  without  delay  to  a  suit- 
able condition  as  good  as  existed  before  commencing  work. 

Stop  cocks,  boxes,  branches,  curved  pipe,  and  other  specials  ac- 
cording to  the  standards  of  the  Department  of  Water  Supply, 
shall  be  set  where  necessary. 


Flow  of  water  in- 
terrupted. 


All  connections  to 
be  restored. 


Specials. 


Chap.  II. — Agree' t  for  Const' n:   Specifications 


Pavement  to 
be  restored. 


Asphalt  on 
concrete. 


Samples   to  be 
submitted. 


19.     PAVING. 

As  soon  as  the  work  in  any  open  excavation  or  trench  made  un- 
der this  contract,  shall  have  been  completed,  the  trench  backfilled 
and  the  backfilling  thoroughly  rammed  in  place  and  compacted, 
all  as  provided  herein,  the  Contractor  shall  proceed  to  restore  the 
surface  to  a  condition  similar  to,  and  equally  good  as  that  exist- 
ing previous  to  the  commencement  of  construction.  If  the  pave- 
ment were  originally  of  asphalt  on  a  concrete  foundation  and  laid 
under  a  guarantee  as  to  repairs  and  maintenance,  which  guaran- 
tee at  the  time  of  relaying  has  not  expired,  the  Contractor  will 
have  the  option  of  calling  on  the  original  contractor  for  such 
asphalt  pavement  to  relay  the  same  under  his  contract  with  the 
Commissioner  of  Highways  and  at  the  price  named  therein,  or 
the  option  of  laying  such  asphalt  pavement  itself  according  to 
the  specifications  herein  contained  and  giving  to  the  Commissioner 
of  Highways  a  satisfactory  guarantee  as  to  maintenance  and  re- 
pairs for  a  period  equal  in  length  to  the  unexpired  portion  of  the 
guarantee  oi  the  original  contractor,  and  a  sufficient  bond  indem- 
nifying the  City  against  suit  for  damage  by  said  original  con- 
tractor. 

If  the  original  contractor  shall  relay  any  asphalt  pavement  as 
contemplated  above,  he  will  be  considered  by  the  Board  as  a  sub- 
contractor to  the  Contractor  under  this  contract,  and  nothing 
herein  contained  shall  be  construed  as  entitling  either  the  Con- 
tractor or  such  sub-contractor  to  any  additional  payment  from  the 
Board  or  the  City  for  such  work,  beyond  the  general  sum  named 
herein. 

If  asphalt  pavement  is  to  be  laid  the  Contractor  shall  submit  to 
the  Board  and  to  the  Commissioner  of  Highways  samples  of  the 
materials  he  intends  to  use,  together  with  certificates  and  state- 
ments as  follows : 

1.  Specimens  of  asphalt  and  asphaltum  with  a  certificate  stat- 
ing where  the  specimens  were  mined. 

2.  A  specimen  of  the  asphaltic  cement,  with  a  statement  of  the 
elements  of  the  composition  of  the  bituminous  cements  used  in  the 
composition  of  the  paving  surface. 

3.  Specimens  of  sand  intended  to  be  used. 

4.  Specimens  of  pulverized  carbonate  of  lime,  granite  or  quartz 
intended  to  be  used. 


90 


Chap.  II.  —  Agree't  for  Const'n:   Specifications 


Subgrade  for 
asphalt. 


5.  A  certificate,  if  the  material  proposed  to  be  used  has  not 
heretofore  been  used  in  the  City  of  New  York,  showing  some 
other  locality  where  pavement  of  such  material  has  been  laid,  its 
area,  date  of  acceptance,  which  must  have  been  at  least  two  (2) 
years  previous  to  the  issuance  of  the  certificate,  and  that  said  pave- 
ment has  worn  well  and  satisfactorily  ;  all  to  be  signed  and  ac- 
knowledged by  the  chief  municipal  officer  having  charge  of  said 
work  in  the  city  or  cities  where  such  pavement  has  been  laid. 

Such  specimens,  certificates  and  statements  must  be,  in  the 
judgment  of  the  Board  equal  in  all  respects  to  similar  conditions 
exacted  by  the  Department  of  Highways  for  other  asphalt  pave- 
ment in  the  City  of  New  York. 

The  backfilling  on  the  top  of  the  trench  shall  be  of  clean  gravel 
or  sand,  or  other  wholesome  earth,  free  from  all  spongy  or  vege- 
table material  and  thoroughly  rolled  with  a  roller  weighing  not- 
less  than  ten  (10)  tons,  so  that  the  top  of  the  filling  is  parallel  to 
the  crown  of  the  street  and  nine  (9)  inches  below  it,  except  be-- 
neath  the  stone  block  pavement  adjoining  rails,  manhole  heads 
and  stopcock  boxes,  where  the  depth  below  finished  grade  shall  be 
thirteen  and  a  half  (13^)  inches.  When  the  roller  cannot  reach 
every  portion  of  the  roadbed,  the  bottom  shall  be  rolled  by  a 
small  roller  or  tamped,  as  directed  by  the  Engineer,  and  water 
shall  be  sprinkled  on  such  bottom  when  required.  Upon  the 
foundation  thus  prepared,  there  shall  be  laid  a  bed  of  hydraulic 
cement  concrete  six  (6)  inches  in  thickness,  and  made  as  follows  : 

All  cement  must  be  of  the  best  quality,  of  either  fresh-ground    Cement. 
best  American  Portland  or  Rosendale  hydraulic  cement,  and  shall 
be  tested  and  approved  by  the  Engineer  before  being  used. 

Concrete,  when  Portland  cement  is  used,  shall  be  composed  of 


Portland  cement 


one  (i)  part  of  cement,  three  (3)  parts  of  clean,  sharp  sand  and    concrete. 
seven    (7)   parts  of  broken   stone,  or  one   (i)    part  of  cement, 
three  (3)  parts  of  clean,  sharp  sand,  four   (4)  parts  of  broken 
stone  and  three  (3)  parts  of  pebbles  by  measure. 

Concrete,  when  Rosendale  cement  is  used,  shall  be  composed  of  Rosendale 
one  (i)  part  cement,  two  (2)  parts  of  clean,  sharp  sand  and  three 
(3)  parts  of  broken  stone,  or  one  (i)  part  of  cement,  two  (2) 
parts  of  clean,  sharp  sand,  two  (2)  parts  of  broken  stone  and 
two  (2)  parts  of  pebbles,  by  measure.  The  cement  and  sand  shall  be 
mixed  dry;  the  broken  stone  having  been  first  wet  shall  be  then 
added  and  the  mass  turned  over,  with  the  addition  of  the  neces- 


cement  concrete. 


Chap.  II. — Agree' t  for  Const' n:   Specifications 


Pebbles. 


Broken  stone. 


Concrete  to  be 
rammed. 


Mixing    concrete. 


Bituminous 
binder. 


Stone  to  be 
heated. 


Laying  of  binder. 


sary  water,  and  worked  until  the  broken  stone  is  incorporated 
completely. 

The  pebbles  shall  be  hard,  clean,  free  from  sand,  screened  and 
washed  and  of  a  size  that  has  passed  a  sieve  of  one  and  one-half 
(iK)  inch  mesh  and  rejected  by  a  three-quarter  (^4)  inch  mesh. 

The  broken  stone  shall  be  solid  trap,  limestone  or  granite,  free 
from  dust  or  dirt,  and  of  a  graded  size  not  larger  in  any  dimen- 
sion than  will  pass  through  a  two  (2)  inch  ring,  and  shall  be 
crushed  and  screened  before  being  brought  upon  the  work,  and 
no  crushing  shall  be  done  on  the  work. 

The  concrete  shall  be  placed  in  proper  position  and  there  rammed 
with  wooden  rammers  until  thoroughly  compacted,  which  surface 
shall  be  three  (3)  inches  below  the  grade  of  the  top  of  the  fin- 
ished pavement  and  exactly  parallel  thereto. 

The  concrete  foundation  shall  be  capable  of  sustaining  such 
test  as  the  Engineer  shall  deem  necessary. 

No  carting  or  wheeling  will  be  allowed  on  the  concrete  until  it 
is  sufficiently  set,  and  then  only  on  planks  laid  down  for  the  pur- 
pose. 

The  whole  operation  of  mixing  and  laying  each  batch,  which 
shall  not  contain  more  than  one  (i)  barrel  of  cement,  must 
be  performed  as  expeditiously  as  possible  by  the  employment 
of  a  sufficient  number  of  skilled  men,  and,  if  necessary,  must 
be  protected  from  the  action  of  the  sun  and  wind  until  set. 
No  concrete  will  be  allowed  to  be  used  which  has  been  mixed 
more  than  thirty  (30)  minutes. 

Upon  the  foundation  must  be  laid  a  fine  bituminous  con- 
crete or  binder,  to  be  composed  of  clean  broken  stone  not  ex- 
ceeding one  and  one-quarter  (i>4)  inches  in  their  largest  di- 
mensions, thoroughly  screened,  and  either  coal-tar  residuum, 
commonly  known  as  No.  4  paving  composition,  or  the  same 
bitumen  used  in  the  body  of  the  pavement. 

The  stone  must  be  heated  by  passing  through  revolving 
heaters,  and  thoroughly  mixed  by  machinery  with  the  paving 
composition  in  the  proportion  of  one  (i)  gallon  of  paving 
composition  to  one  (i)  cubic  foot  of  stone. 

This  binder  must  be  hauled  to  the  work  and  spread  with 
hot  iron  rakes  in  all  holes  or  inequalities  and  depressions 
below  the  true  grade  of  the  pavements,  to  such  thickness  that 
after  being  thoroughly  compacted  by  tampering  and  hand- 


Chap.  II. — Agree' 't  for  Const 'n:   Specifications 

rolling-  the  surface  shall  have  a  uniform  grade  and  cross-sec- 
tion, and  the  thickness  of  the  binder  at  any  point  shall  be  not 
less  than  three-quarters  (24)  of  an  inch.  No  binder  shall  be 
laid  during  a  rain,  nor  shall  any  binder  be  laid  that  is  too 
cold  to  be  manipulated  easily;  over-heated  binder  shall  be  re- 
moved entirely  from  the  work. 

The  upper  surface  shall  be  exactly  parallel  with  the  surface 
of  the  pavement  to  be  laid. 

Upon  this  foundation  must  be  laid  the  wearing  surface,  or    Wearing  surface. 
paving  proper,  the  basis  of  which,  or  paving  cement,  must  be 
pure  asphaltum,  unmixed  with  any  of  the  products  of  coal  tar. 

The  wearing  surface  will  be  composed  of: 

1.  Refined  asphaltum. 

2.  Heavy  petroleum  oil. 

3.  Fine  sand,  containing  not  more  than  one  (i)  per  centum 
of  hydro-silicate  of  alumina. 

4.  Fine  powder  of  carbonate  of  lime,  granite  or  quartz. 

5.  The  heavy  petroleum  oil  must  be  freed  from  all  impuri- 
ties and  brought  to  a  specific  gravity  of  from  18  to  22  degrees 
Baume,  and  a  fire  test  of  250  degrees  Fahrenheit,  or,  if  the 
formula  of  Contractor  requires  it,  the  powdered  carbonate  of 
lime  may  be  omitted,  and  the  heavy  petroleum  oil  may  be  re- 
placed by  sufficiently  fluid  natural  bitumen. 

The  asphaltum  used  must  be  equal  in  quality  to  that  mined  Asphaltum. 
from  the  Pitch  Lake  on  the  Island  of  Trinidad,  or  from  the 
Alcatraz  mine,  Santa  Barbara  County,  California,  specially  re- 
fined and  brought  to  a  uniform  standard  of  purity  and  gravity, 
of  a  quality  to  be  approved  by  the  Commissioner  of  High- 
ways. 

From  these  two  hydro-carbons  shall  be  manufactured  an  Asphaltic  cement. 
asphaltic  cement  which  shall  have  a  fire  test  of  250  degrees 
Fahrenheit,  and,  at  a  temperature  of  60  degrees  Fahrenheit, 
shall  have  a  specific  gravity  of  1.19,  said  cement  to  be  com- 
posed of  one  hundred  (100)  parts  of  pure  asphalt,  and  from 
fifteen  (15)  to  twenty  (20)  parts  of  heavy  petroleum  oil. 


93 


Chap.  II. — Agree't  for  Const'n:   Specifications 


Pavement  mix- 
ture. 


How  mixed. 


Laying  of  pave- 
ment   mixture. 


Powdered    stone. 


Sand. 


Gutters. 


The  asphaltic  cement  being  made  in  the  mariner  above  de- 
scribed, the  pavement  mixture  must  be  formed  of  the  follow- 
ing materials,  and  in  the  proportion  stated : 

Asphaltic  cement From  12  to  15 

Sand    . .From  83  to  70 

Pulverized  carbonate  of  lime,  granite  or 

quartz , From     5  to  1 5 

The  sand  and  asphaltic  cement  are  to  be  heated  separately 
to  about  300  degrees  Fahrenheit.  The  pulverized  carbonate 
of  lime,  granite  or  quartz,  while  cold,  shall  be  mixed  with  the 
hot  sand  in  the  required  proportions,  and  then  mixed  with  the 
asphaltic  cement  at  the  required  temperature,  and  in  the 
proper  proportions,  in  a  suitable  apparatus,  which  will  effect 
a  perfect  mixture. 

The  pavement  mixture  prepared  in  the  manner  thus  indi- 
cated must  be  brought  to  the  ground  in  carts,  at  a  temperature 
of  about  250  degrees  Fahrenheit,  and  if  the  temperature  of 
the  air  is  less  than  50  degrees,  iron  carts,  with  heating  ap- 
paratus, shall  be  used  in  order  to  maintain  the  proper  tem- 
perature of  the  mixture ;  it  shall  then  be  carefully  spread  by 
means  of  hot  iron  rakes,  in  such  manner  as  to  give  a  uniform 
and  regular  grade.  The  surface  shall  then  be  compressed  by 
hand-rollers,  after  which  a  small  amount  of  hydraulic  cement 
shall  be  swept  over  it,  and  it  shall  then  be  thoroughly  com- 
pressed by  a  steam  roller  weighing  not  less  than  two  hundred 
and  fifty  (250)  pounds  to  the  inch  run,  the  rolling  to  be  con- 
tinued for  not  less  than  five  (5)  hours  for  every  one  thousand 
(1,000)  square  yards  of  surface.  After  having  received  its 
ultimate  compression  the  pavement  must  have  a  thickness  of 
not  less  than  two  (2)  inches. 

The  powdered  carbonate  of  lime,  granite  or  quartz  shall  be 
of  such  a  degree  of  fineness  that  five  (5)  to  fifteen  (15)  per 
centum  by  weight  of  the  entire  mixture  for  the  pavement  shall 
be  an  impalpable  powder  of  limestone,  and  the  whole  of  it 
shall  pass  a  No.  26  screen.  The  sand  shall  be  of  such  size 
that  none  of  it  shall  pass  a  No.  80  screen,  and  the  whole  of 
it  shall  pass  a  No.  10  screen. 

The  gutters  for  a  width  of  twelve  (12)  inches  next  the 
curb  must  be  coated  with  hot,  pure  asphalt,  and  smoothed 
with  hot  smoothing  irons  in  order  to  saturate  the  pavement  to 


94 


Chap.  II. — Agree  t  for  Const' n:   Specifications 


a  depth  to  be  directed  by  the   Engineer  with   an   excess  of 
asphalt. 

If  rock  asphalt  be  used,  the  material  shall  be  an  amorphous  Rock  Asphalt, 
limestone  naturally,  thoroughly  and  uniformly  impregnated 
with  bitumen:  (i)  From  the  Sicilian  mines  at  Ragusa  and 
Verwohle,  equal  in  quality  and  composition  to  that  mined  by 
the  United  Limmer  and  Verwohle  Rock  Asphalt  Company, 
Limited.  (2)  From  the  Swiss  mines  at  Val  de  Travers,  equal 
in  quality  and  composition  to  that  mined  by  The  Neuchatel 
Asphalte  Company,  Limited.  Or  (3)  from  the  French  mines 
at  Seyssel,  Mons,  and  Sicilian  mines  at  Ragusa,  equal  in  qual- 
ity and  composition  to  that  mined  by  the  Compagnie  Generale 
des  Asphaltes  de  France,  Limited,  and  it  shall  be  prepared 
and  laid  as  follows : 

The  rock  shall  be  finely  crushed  and  pulverized ;  the  powder  Preparation, 
shall  then  be  passed  through  a  fine  sieve.  Nothing  whatever 
shall  be  added  to  or  taken  from  the  powder  obtained  by  grind- 
ing the  bituminous  rock.  The  powder  shall  contain  nine  (9) 
to  twelve  (12)  per  cent,  natural  bitumen,  eighty-eight  (88) 
to  ninety-one  (91)  per  cent,  pure  carbonate  of  lime,  and  must 
be  free  from  quartz,  sulphates,  iron  pyrites  or  aluminum. 

This  powder  shall  be  heated  in  a  suitable  apparatus  to  200 
to  250  degrees  Fahrenheit,  and  must  be  brought  to  the  ground 
at  such  temperature,  in  carts  made  for  the  purpose,  and  then 
carefully  spread  on  the  binder  foundation  previously  prepared 
to  such  depth  that,  after  having  received  its  ultimate  com- 
pression, it  will  have  a  thickness  of  not  less  than  two  (2) 
inches. 

The  surface  shall  be  rendered  perfectly  even  by  rammers 
and  smoothers,  and  shall  be  rolled  with  a  steam  roller  weigh- 
ing not  less  than  two  hundred  and  fifty  (250)  pounds  to  the 
inch  run,  the  rolling  to  continue  for  not  less  than  five  (5) 
hours  for  each  one  thousand  (1,000)  square  yards  of  surface 
in  the  case  of  Trinidad  asphalt ;  in  the  case  of  rock  asphalt 
pavement  the  ultimate  compression  may  be  by  heated  pilons. 

But  rock  asphalt  shall  not  be  used  in  any  case  without 
written  permission  from  the  Commissioner  of  Highways. 

On  each  side  of  the  rails  of  the  car  tracks,  around  all  man- 
holes and  stop-cock  boxes,  the  Contractor,  when  required,  shall 
lay  a  line  of  granite  or  syenite  paving  blocks,  as  headers, 


Powder  to  be 
heated. 


Surface  to  be 
rolled. 


Special  permis- 
sion to  lay  rock 
asphalt. 

Space  next  to 
rails,    manholes, 
etc. 


95 


Chap.  II. — Agrec't  for  Const' n:    Specifications 


Space  within 
car  tracks. 


GRANITE 
pavement  on 
concrete. 


Concrete   thick- 
ness. 


Concrete   pro- 
portions'. 


Horse  cars  to  be 
passed  by  hand. 


Preparation 
of  foundation. 


long  and  short  stones  alternating  and  toothing  into  the  pave- 
ment, laid  on  a  foundation  of  six  (6)  inches  of  concrete,  which 
must  extend  to  the  depth  of  the  crossties  and  beneath  and 
around  the  girders  and  stringers,  on  which  shall  be  laid  a 
bed  of  fresh  cement  mortar,  two  (2)  inches  in  thickness;  and 
on  the  mortar  so  laid  shall  be  laid  the  stone  blocks,  the  top 
surface  of  which  shall  conform  to  the  grade  of  the  pavement. 
The  joints  of  the  blocks  shall  be  filled  with  paving  cement, 
as  hereinafter  described. 

Whenever  the  space  within  car-tracks  has  been  laid  with 
granite  or  syenite  blocks,  the  said  space  shall  be  repaved  with 
said  blocks  or  said  asphalt  according  to  the  determination  of 
the  Commissioner  of  Highways. 

If  granite  or  syenite  pavement  on  a  concrete  foundation  is 
to  be  relaid,  the  filling  on  top  of  the  trench  is  to  be  formed, 
and  rolled  or  thoroughly  tamped,  as  prescribed  for  asphalt 
pavement,  except  that  the  surface  is  to  be  truly  shaped  to  a 
grade  sixteen  (16)  inches  below  that  of  the  street  grade,  ex- 
cept under  and  eighteen  (18)  inches  on  each  side  of  the  track 
girders,  where  the  finished  surface  shall  be  six  (6)  inches  be- 
low the  girders. 

Upon  the  foundation  thus  prepared,  there  shall  be  laid  a 
bed  of  concrete  to  a  depth  of  six  (6)  inches.  Where  vaults, 
railroad  ties,  sewer  connections,  cable  railroad,  electric  or 
pneumatic  conduits  or  other  subsurface  structures  are  en- 
countered, the  depth  of  the  concrete  shall  be  increased,  dimin- 
ished or  omitted,  as  may  be  deemed  necessary  by  the  Engineer. 

The  concrete  shall  be  composed  of  the  same  quality  and 
proportion  of  materials,  and  mixed  and  laid  in  the  same  man- 
ner, as  described  for  asphalt  paving. 

In  all  cases  where  horse-car  tracks  exist  and  a  concrete 
foundation  is  to  be  laid  between  the  rails  of  the  same,  the 
Contractor  shall  keep  men  to  pass  the  cars  over  the  same,  so 
that  no  horses  shall  travel  on  the  concrete  until  three  (3)  hours 
after  it  has  been  laid,  and  the  Contractor  shall  then  cover  the 
concrete  with  sand  and  planks  until  the  pavement  is  laid. 
Horses  must  be  kept  off  stone  pavement  until  the  joints  are 
filled  with  tar. 

The  surface  of  the  concrete  is  to  be  kept  wet  until  cov- 
ered with  sand,  and  at  least  thirty-six  (36)  hours  shall  be  al- 


96 


Chap.  II. — Agree  t  for  Const'n:   Specifications 

lowed  for  the  concrete  to  set  before  the  pavement  is  laid. 
When  connection  is  to  be  made  with  any  layer  set  or  partially 
set,  the  edge  of  such  layer  must  be  broken  down,  be  free  from 
dust  and  properly  wet,  so  as  to  make  the  joints  fresh  and  close. 
On  this  concrete  foundation  shall  be  laid  a  bed  of  clean,  sharp 
sand,  perfectly  free  from  moisture  (made  so  by  artificial  heat, 
if  deemed  necessary)  not  less  than  one  and  one-half  (il/>) 
inches  thick,  to  the  depth  necessary  to  bring  the  pavement  and 
crosswalks  to  the  proper  grade  when  thoroughly  rammed. 

Upon  this  bed  of  sand  the  stone  blocks  and  crosswalks  must  Stones,  how 
be  laid.  The  stone  blocks  are  to  be  laid  in  courses  at  right 
angles  with  the  line  of  the  street,  except  in  special  cases,  when 
they  shall  be  laid  at  such  angle  with  such  crown  and  at  such 
grade  as  the  Engineer  may  direct.  Each  course  of  blocks  shall 
be  of  uniform  width  and  depth,  and  so  laid  that  all  joints 
shall  be  close  joints  and  all  longitudinal  joints  shall  be  broken 
by  a  lap  of  at  least  three  (3)  inches. 

When  the  temperature  at  7  o'clock  A.  M.  is  below  40  de-   when  temperature 
grees  Fahrenheit,  the  pavement  must  be  rammed  and  made    1S  below  40  de- 
ready  for  pouring  the  paving  cement  within  thirty   (30)   feet 
of  the  row  of  blocks  last  laid,  and  all  joints  shall  be  filled 
with  paving  cement  within  fifty  (50)  feet  of  the  face  of  the 
paving;  the  intention  of  this  requirement  being  to  have  the 
joints  filled  before  the  gravel  gets  either  wet  or  cold'. 

As  the  blocks  are  laid  they  shall  be  covered  immediately  Gravel  for  joints, 
with  clean,  hard,  hot,  dry  gravel,  of  proper  size,  as  directed 
by  the  Engineer,  artificially  dried,  which  shall  be  raked  into 
the  joints  until  all  the  joints  become  filled  therewith.  This 
gravel  shall  be  free  from  sand ;  it  shall  be  such  as  has  passed 
through  a  horizontal  sieve  of  three-quarters  (24)  inch  mesh, 
and  retained  by  one  of  a  one-half  (l/2)  inch  mesh.  The 
blocks  shall  then  be  thoroughly  rammed,  and  the  ramming  be  rammed- 
repeated  until  the  blocks  are  brought  to  an  unyielding  bear- 
ing with  uniform  surface,  true  to  the  roadway  on  the  es- 
tablished grade,  and  the  courses  adjusted  to  the  proper  line, 
and  no  gravel  shall  be  added  after  ramming  until  the  joints 
are  poured  with  cement.  Before  the  pouring  of  the  paving 
cement  as  hereinafter  provided  for,  the  joints  and  gravel  fill- 
ing must  be  made  dry  and  free  from  dirt,  fine  gravel,  sand 
or  any  matter  that  would  obstruct  or  hinder  the  complete 

97 


Blocks  to  be 


Paving  cement. 


Paving  cement 
composition. 


Chap.  II. — Agree' t  for  Const' n:   Specifications 

filling  of  all  voids  and  spaces  within  the  joints  to  the  full 
depth  of  the  joint. 

The  paving  cement  as  hereinafter  described  shall  then  be 
poured  into  the  joints  at  a  temperature  not  less  than  300  de- 
grees Fahrenheit,  and  while  the  gravel  is  still  hot  and  dry, 
until  the  joints  and  all  interstices  of  gravel  filling  are  full  and 
will  take  no  more  and  are  filled  flush  with  the  top  of  the 
blocks.  Dry,  hot  gravel  of  proper  size,  heated  in  pans  espe- 
cially provided  by  the  Contractor  for  that  purpose,  must  then 
be  poured  along  the  joints  filled  with  paving  cement,  as  above 
described,  and  consolidated  by  tampering  with  a  light  rammer 
or  otherwise. 

The  paving  cement  to  be  used  in  filling  the  joints  between 
the  paving  blocks  and  between  the  crosswalk  stones  as  herein 
provided  shall  be  composed  of  twenty  (20)  parts  of  refined 
Trinidad  asphalt  of  a  quality  to  be  approved  by  the  Engineer, 
and  three  (3)  parts  of  residuum  oil  mixed  with  one  hundred 
(100)  parts  of  coal  tar  which  shall  be  obtained  from  the  direct 
distillation  of  coal  tar,  and  shall  be  the  residuum  therefrom, 
and  shall  be  such  as  is  ordinarily  numbered  4  at  the  manu- 
factory (the  proportions  to  be  determined  by  weight).  It 
shall  be  delivered  on  the  work  in  lots  at  least  one  (i)  week 
before  being  used,  in  order  that  the  necessary  analysis  and 
examination  may  be  made  by  the  Engineer.  In  addition  to 
this  the  Contractor  must  furnish  the  Engineer  with  the  cer- 
tificate of  the  manufacturer  or  refiner  that  the  materials  are 
of  the  kind  specified.  The  coal  tar,  oil  and  asphalt  must  be 
mixed  and  heated  in  the  proportions  named,  on  the  work  as 
needed  for  immediate  use,  to  a  temperature  of  300  degrees 
Fahrenheit,  which  temperature  shall  b^  indicated  by  a  ther- 
mometer attached  and  fixed  to  the  boiler  or  heating  kettle. 

Stone  If  stone  pavement  is  to  be  relaid  without  concrete  founda- 

pavement  without  tion   th    trench  is  to  be  backfilled,  dressed  off  and  compactly 
concrete. 

rolled  or  tamped  as  previously  described  for  asphalt  pavement, 

except  that  the  surface  is  to  be  truly  shaped  to  a  grade  ten 
(10)  inches  below  the  top  of  the  proposed  pavement  when 
rammed,  unless  stones  are  to  be  used  of  a  different  depth  than 
the  standard  stones  of  not  less  than  seven  (7)  nor  more  than 
eight  (8)  inches,  in  which  case  the  distance  from  the  grade 

98 


Chap.  II. — Agree V  for  Const' n:   Specifications 

of  the  proposed  pavement  to  the  grade  of  the  filling  as  rolled, 
is  to  be  increased  or  decreased  accordingly. 

The  stone  blocks  are  to  be  laid  in  courses  at  right  angles  Stones,  how  laid. 
with  the  line  of  the  street,  except  in  special  cases  when  they 
shall  be  laid  at  such  angle  as  directed,  with  such  crown  and 
at  such  grade  as  the  Engineer  may  direct;  each  course  of 
blocks  shall  be  of  uniform  width  and  depth,  and  so  laid  that 
all  longitudinal  joints  or  end  joints  shall  be  close  joints  and 
shall  be  broken  by  a  lap  of  at  least  three  (3)  inches,  and  that 
joints  between  courses  shall  be  as  close  as  possible.  As  the 
blocks  are  laid  they  shall  be  covered  with  sharp,  coarse  sand 
to  a  depth  that  will  completely  fill  all  joints  which  shall  be 
raked  until  all  the  joints  become  filled  therewith ;  the  blocks 
shall  then  be  thoroughly  rammed  to  a  firm,  unyielding  bed. 
with  a  uniform  surface  to  conform  to  the  grade  and  crown 
of  the  street.  No  ramming  shall  be  done  within  twenty-five 
(25)  feet  of  the  face  of  the  work  that  is  being  laid,  and  in 
doing  all  ramming  the  Contractor  shall  employ  one  (i)  ram- 
mer to  every  two  (2)  pavers.  Whenever  the  pavement  for  not 
less  than  two  hundred  (200)  feet,  and  not  exceeding  two 
hundred  and  sixty  (260)  feet,  shall  have  been  constructed  as 
above  described,  it  shall  be  covered  with  a  good  and  sufficient 
second  coat  of  clean,  sharp  sand;  and  shall  immediately  there- 
after be  thoroughly  rammed  until  the  work  is  made  solid  and 
secure ;  and  so  on  until  the  whole  of  the  work  embraced  in 
this  agreement  shall  have  been  well  and  faithfully  completed, 
in  accordance  with  these  specifications. 

Where  macadam  pavement  is  to  be  relaid  the  trench  is  to  Macadam 

be  backfilled,  dressed  off  and  compactly  rolled  or  tamped  as  pavement, 

previously  described  for  asphalt  pavement,  except  that  the  sur-  Bed,  preparation 

face  is  to  be  truly  shaped  to  a  grade  eighteen   (18)    inches  of- 
below  the  grade  of  the  proposed  pavement. 

On  taking  up  old  macadam  pavement,  only  so  much  of  the    Old  material, 
component  material  shall  be  used  in  relaying  as  the  Engineer 
may  permit.    Such  material  shall  be  neatly  piled  as  and  where 
directed  and  the  old  material  condemned  as  unfit  for  use  shall 
be  at  once  removed  and  disposed  of  in  the  manner  as  specified 
for  excavated  material.      New  material   for  macadam   paving    New  material, 
shall  be  of  the  quality  and  description  as  hereinafter  described. 

99 


Chap.  II. — A  greet  for  Const'n:   Specifications 


Quality   and 
dimensions  of 
the  stone  founda- 
tions. 


Quality  and  di- 
mensions   of    the 
Macadam1   Stone. 


Quality  and  di- 
mensions   of  the 
binding  material. 


The  stone  for  the  foundation  of  the  pavement  is  to  be  sound, 
hard  and  durable  quarry  stone,  not  too  brittle  or  friable,  free 
from  sap,  seams  and  imperfections,  and  of  even  quality,  each 
from  ten  (10)  to  twelve  (12)  inches  in  depth,  from  three  (3) 
to  six  (6)  inches  in  width,  and  from  six  (6)  to  sixteen  (16) 
inches  in  length,  and  of  a  sufficiently  uniform  size  to  be  ac- 
ceptable, with  sufficiently  parallel  and  even  faces  on  sides, 
ends,  top  and  bottom,  and  to  properly  join  and  wedge,  except 
the  stones  under  the  trap  or  granite  block  pavement,  or  bridge 
stones,  which  only  differ  from  those  above  described  in  that 
they  must  be  not  less  than  six  (6)  nor  more  than  eight  (8) 
inches  in  depth,  and  except  the  course  of  stone  under  the  ma- 
cadam, which  is  next  to  the  stone  blocks,  which  stone  is  to 
be  twelve  (12)  inches  in  depth,  not  less  than  twelve  (12)  nor 
more  than  twenty-four  (24)  inches  in  length,  and  not  less 
than  six  (6)  nor  more  than  nine  (9)  inches  in  thickness,  but 
in  every  other  respect  similar  to  the  foundation  stone  first 
above  described. 

The  bottom  course  is  to  be  composed  of  broken  trap  or 
Clinton  Point  stones,  all  of  the  same  kind  and  hard,  durable 
and  not  too  brittle.  The  stones  are  to  be  of  uniform  quality, 
free  from  sap,  seams  and  imperfections,  and  free  from  screen- 
ings, dirt  and  other  foreign  matter.  No  stone  in  its  greatest 
diameter  shall  be  more  than  two  and  a  half  (2^2)  inches,  and 
in  its  smallest  diameter  less  than  one  and  one-half  (i^) 
inches,  and  the  stones  between  these  dimensions  shall  average 
sufficiently  large  to  be  acceptable.  The  broken  stone  com- 
posing the  next  overlying  course  is  to  be  hard,  durable,  and 
not  too  brittle  trap-rock  or  Clinton  Point  stone ;  no  stone  shall 
measure  more  than  two  (2)  inches  nor  less,  than  one  and  a 
half  (ij^)  inches  in  any  diameter.  The  stones  between  these 
dimensions  shall  be  distributed  evenly  throughout  the  mass, 
and  shall  be  of  a  shape  as  nearly  cubical  as  can  be  secured  by 
any  mechanical  process  acceptable  to  the  Engineer. 

The  binding  course  is  to  be  composed  of  trap-rock  or  Clinton 
Point  screenings.  They  shall  be  of  uniform  quality,  free  from 
dirt  and  other  foreign  matter,  no  stone  to  be  of  larger  size  in  any 
direction  than  one-half  (l/>}  inch,  and  all  particles  to  be  of  such 
relative  size  to  one-half  (^)  inch  as  shall  be  acceptable  to  the 
Engineer;  it  may  contain  not  more  than  twenty  (20)  per  cent, 
of  the  flour. 


100 


Chap.  II. — Agree 't  for  Const'n:    Specifications 

A  sample  of  the  macadam  stone,  showing  the  quality  and  the 
run  of  the  size  of  the  stone  to  be  used  in  the  work,  shall  be  fur- 
nished at  the  office  of  the  Board  and  approved  by  the  Engineer 
before  any  is  placed  upon  the  street  or  avenue. 

After  the  roadbed  is  properly  prepared,  to  the  satisfaction  of  the  Laying  the 
Engineer,  and  the  stone  for  foundation  hauled  and  deposited 
thereon,  they  shall  be  laid  by  hand  in  the  form  of  a  close,  firm 
pavement,  so  as  to  break  joints  by  at  least  one  (i)  inch  and  with 
the  various  sizes  properly  distributed.  They  shall  be  set  on  their 
broadest  edges,  without  underpinning,  perpendicular  to  the  line  of 
grade,  lengthwise  and  at  right  angles  across  the  road,  except  in 
the  case  of  the  stone  under  the  macadam,  which  is  next  to  stone 
blocks  or  bridge  stones,  and  stones  where  the  roadway  beyond  is 
not  macadamized,  which  foundation  stone  are  to  be  placed  with 
their  longest  side  parallel  to  the  curb  or  bridge  stones ;  after  being 
set  closely  together,  they  are  to  be  firmly  wedged  by  inserting  and 
driving  down  with  a  bar,  in  all  possible  places  between  them, 
stones  of  the  same  quality,  as  near  as  practicable,  of  the  same 
depth,  until  all  the  stones  are  bound  and  clamped  in  proper  posi- 
tion ;  all  the  projections  and  irregularities  of  the  upper  part  of 
the  pavement  shall  be  broken  off  with  a  hammer,  care  being  taken 
not  to  loosen  the  pavement,  and  the  spalls  and  chips  are  to  be 
worked  and  driven  with  the  hammer  into  all  the  interstices  not 
already  filled  by  the  process  of  wedging,  so  that  the  pavement, 
when  completed,  shall  present  a  sufficiently  even,  but  not  too 
smooth  surface,  and  be  ten  ( 10)  inches  thick  under  the  macadam, 
except  the  line  of  stone  nearest  the  stone  blocks,  which  shall  be 
twelve  (12)  inches,  and  eight  (8)  inches  under  the  stone  blocks 
or  new  lines  of  bridge  stone.  No  wedging  shall  be  done  within 
twenty-five  (25)  feet  of  the  face  of  the  work  that  is  being  laid 
and  the  stone  foundations  must  be  in  a  compact  and  satisfactory 
condition  in  every  respect  at  the  time  of  the  spreading  of  the 
broken  stone.  The  road  bed  must  be  prepared  for  laying  the  tel- 
ford  at  least  fifty  (50)  feet  ahead  of  the  work.  The  interstices  of 
the  telford  over  which  stone  blocks  or  bridge  stones  are  to  be 
placed  must  be  thoroughly  and  completely  filled  with  clean,  sharp, 
coarse  sand. 

After  the  stone  foundation  has  been  completed  agreeably  to    Macadamizing, 
these  specifications  and  has  passed  the  inspection  of  the  Engineer, 
a  layer  of  broken  stone  of  the  quality  and  size  herein  specified  for 

101 


Chap.  II. — Agree 't  for  , Const' n:   Specifications 

the  bottom  course,  and  of  such  a  depth  as  will,  when  rolled,  have  a 
surface  four  (4)  inches  below  the  surface  of  the  broken  stone 
when  completed,  irrespective  of  the  finishing  course,  shall  be 
spread  evenly  over  the  foundation  pavement,  except  where  the 
stone  blocks  and  bridge  stones  are  to  be  laid ;  this  layer  is  then 
to  be  rolled  until  sufficiently  compact  with  or  without  the  sprink- 
ling of  water,  and  in  so  doing  as  much  dry  screening  of  trap-rock 
as  can  be  introduced  without  separate  stone,  is  to  be  rolled  into  the 
stone  so  as  to  fill  the  interstices,  and  stone  is  to  be  added  or  re- 
moved so  as  to  make  the  surface  practically  of  the  proper  height. 

The  next  overlying  course  will  be  of  the  stone  hereinbefore  de- 
scribed for  said  course,  and  is  to  be  spread  at  such  depth  that  the 
surface,  when  rolled,  will  be  at  the  proper  grade  irrespective  of  the 
finishing  course;  this  layer  is  then  to  be  rolled,  and  during  the 
process  of  rolling,  similar  stone  is  to  be  added  or  removed  from 
time  to  time,  so  that  when  the  rolling  ceases,  the  roadway  is  truly 
surfaced  to  the  required  grade  and  crown. 

During  the  process  of  rolling  the  upper  course  of  stone,  screen- 
ings shall  be  introduced  dry  or  with  the  assistance  of  water  ap- 
plied in  such  manner  and  quantity  as  shall  be  required,  so  that  all 
interstices  shall  be  entirely  and  completely  filled  with  screenings, 
and  as  these  screenings  disappear  in  the  interstices  of  the  stone 
with  the  rolling,  fresh  screenings  are  to  be  added  until  all  inter- 
stices are  filled  and  the  surface  of  the  pavement  smooth  and  con- 
solidated and  on  the  proper  crown  and  grade.  After  the  upper 
layer  has  become  thoroughly  compact,  there  shall  be  spread  upon 
the  surface  so  much  screenings  as  will  produce  a  covering  of  one 
(i)  inch  in  dep"th  when  rolled.  The  rolling  is  to  be  continued 
until  the  surface  is  puddled  and  water  flushes  on  it,  and  the 
screenings  shall  be  worked  in  and  through  to  such  extent  as  is 
necessary  for  puddling,  after  water  flushes  on  the  surface  screen- 
ings to  the  depth  of  one-half  (^2)  inch  shall  be  spread  over  the 
road,  which  shall  then  be  open  to  traffic. 

The  surface  of  any  course  shall  be  scratched,  if  required,  so 
as  to  obtain  a  proper  bond  with  that  next  overlying. 

Each  of  the  different  courses  must  be  completed  for  the  distance 
of  not  less  than  fifty  (50)  feet  before  any  of  the  materials  of  the 
next  succeeding  course  are  laid. 

Rolling  The  rolling  of  the  macadam  stone  and  screenings  shall  be  done 

with   a   roller   weighing  not  'less   than    four   thousand    (4,000) 
pounds  to  the  foot  of  width. 

102 


Chap.  II. — Agree't  for  Const'n:   Specifications 

Each  layer  of  broken  stone  and  the  screening's  shall  be  well  and 
thoroughly  rolled,  and  the  rolling  upon  each  layer  shall  be  prose- 
cuted, until,  in  the  opinion  of  the  Engineer,  each  course  shall  have 
been  completed  as  hereinbefore  specified,  and  until  each  layer  and 
the  finished  surface  shall  be  rolled  and  finished  to  his  entire  satis- 
faction and  approval. 

During  the  rolling  of  the  lower  course  of  stone  only  so  much 
water  shall  be  sprinkled  thereon  as  is  necessary  to  prevent  wear- 
ing by  attrition ;  but  in  rolling-  the  upper  course  of  stone  and  the 
screenings,  water  is  to  be  applied  in  such  quantities  and  in  ,such 
manner  as  to  completely  and  compactly  fill  all  interstices  with 
screenings,  and  soaked  so  as  to  secure  a  set  and  to  produce  the 
flushing  hereinbefore  referred  to ;  and  the  screenings  shall  be 
worked  in  and  through  to  further  secure  this  result,  and  shall  be 
applied  to  such  extent  as  is  necessary  for  puddling.  The  sprink- 
ling of  the  puddled  course  shall  be  done  from  a  cask  or  other 
receptacle,  mounted  on  a  two-wheeled  cart,  and  in  compacting  and 
puddling  this  course  the  cart  shall  be  kept  immediately  in  front 
of  the  wheels  of  the  roller. 

After  all  the  interstices  of  the  stone  are  filled  with  screening, 
forty-eight  (48)  hours  may  elapse  before  the  final  puddling,  if,  in 
the  opinion  of  the  Engineer,  better  results  would  be  obtained 
thereby. 

The  rolling  shall  be  prosecuted  in  such  sections  as  shall  be 
directed,  for  the  entire  width  of  the  wheelway,  and  a  length  of 
fifty  (50)  feet  at  the  end  of  each  course  shall,  when  practicable, 
remain,  as  the  work  progresses,  uncovered  by  the  next  overlying 
course,  and,  when  practicable,  no  rolling  will  be  allowed  within 
twenty-five  (25)  feet  of  the  end  of  any  course.  No, rolling 
directly  on  the  telford  will  be  allowed  without  special  permission. 

The  pavement,  when  completed,  shall  be,  when  practicable,  at    Depth  of 
each  point  of  such  construction,  at  least  of  such  a  depth  as  re-    pavement. 
quired  by  the  specifications,  that  is,  eighteen  ( 18)  inches  exclusive 
of  the  finishing  course,  and  of  such  crown  and  such  form  of  gutter 
as  shall  be  directed,  and  in  any  case  the  thickness  of  the  pavement 
is  to  be  determined  on  a  line  at  right  angles  to  the  grade  and 
crown. 

The  use  of  a  proper  roller,  rammers,  or  other  suitable  imple- 
ment, is  to  be  substituted  for  that  of  the  steam-roller  when  neces- 
sary. 

103 


Chap.  II. — Agree' t  for  Const' n:   Specifications 


Unpaved    streets. 


Cross  walks. 


Pavements  ad- 
joining  the    exca- 
vation. 


Broken  stones  to 
be   replaced. 


Specifications    do 
not  prohibit  lay- 
ing  better    pave- 
ments  under 
special    agree- 
ments. 


The  construction  of  the  telforcl  foundation  and  the  macadam 
pavement  shall  proceed  so  as  to  be  equally  advanced  across  the 
entire  width  of  the  space  to  be  paved. 

Particular  care  and  attention  will  be  required  in  obtaining  a 
satisfactory  joining  of  the  macadam  paving  and  the  blocks  in  the 
gutters,  and  at  the  bridge  stones. 

On  unpaved  streets,  the  filling  over  the  work  shall  be  brought 
to  a  height  not  greater  than  the  established  grade  of  the  street, 
and  the  street  surface  restored  to  a  condition  safe  and  suitable  for 
public  travel. 

Wherever  cross-walks  are  required  across  or  adjoining  pave- 
ment that  is  to  be  relaid,  the  present  bridge  stones  are  to  be  relaid, 
provided  they  are  not  broken  in  taking  up  and  are  in  a  condition 
to  use,  as  approved  by  the  Engineer.  They  shall  be  redressed  so 
as  to  be  laid  with  joints  at  the  ends  not  exceeding  one-quarter 
(34)  of  an  inch  in  width  from  the  top  to  the  bottom.  Bridge 
stones  are  to  be  firmly  imbedded  on  a  foundation  of  clean,  sharp 
sand  and  set  and  tamped  in  such  a  manner  that  they  shall  admit 
of  no  further  settlement.  They  must  be  true  to  line  and  grade 
and  so  laid  in  courses  that  the  transverse  joints  will  be  broken 
by  a  lap  of  at  least  one  (i)  foot. 

Paving,  flag,  bridge,  curb  and  gutter  stones  adjoining  the  ex- 
cavation shall,  where  deemed  necessary  ^o  secure  a  true  street 
grade,  be  taken  up  and  relaid  by  the  Contractor  at  the  time  of  re- 
paving.  Whenever  any  sidewalks  or  curbstones  are  displaced, 
taken  up  or  removed,  they  shall  be  relaid  by  the  Contractor  in  a 
manner  similar  to  and  in  a  condition  at  least  as  good  as  existed 
previous  to  such  displacement  or  removal,  and  as  soon  as  possible 
after  the  completion  of  the  work. 

Whenever  any  paving,  curb,  gutter  or  flag-stones  are  lost  or 
broken,  they  shall  be  replaced  by  stones  of  similar  size  and 
quality. 

Nothing  contained  in  these  specifications  shall  be  understood  or 
construed  as  prohibiting  the  Contractor  from  making  any  arrange- 
ment with  the  Commissioner  of  Highways,  or  such  other  officer 
of  the  City  of  New  York  who  may  be  in  charge  of  street  paving, 
to  lay  a  better  or  other  form  of  street  pavement ;  or  to  make  an 
arrangement  with  any  property  owner  to  lay  another  style  of  side- 
walk in  front  of  such  premises  in  place  of  the  pavement  or  side- 
walk taken  uo ;  in  which  case  the  Contractor  is  to  file  with  the 


In  case  municipal 
officer  or  property 
owners  cannot 
agree  with 
contractor. 


Chap.  II. — Agree't  for  Const' n:    Specifications 

Board  a  copy  of  its  contract  with  such  municipal  officer  or  with 
such  property  owner,  duly  acknowledged  in  writing  by  both 
parties.  In  case  the  municipal  officer  in  charge  of  street  paving, 
or  any  property  owner,  desires  to  lay  a  pavement  in  any  street,  or 
a  sidewalk  along  any  street,  affected  by  this  contract,  different 
from  the  one  removed,  and  shall  notify  the  Board  in  writing  that 
he  has  failed  to  make  satisfactory  arrangements  for  such  work 
with  the  Contractor,  then  the  Board  in  its  discretion  may  direct 
the  Contractor  to  finish  and  dress  off  the  filling  over  its  work  to 
such  grade  as  the  Engineer  may  select,  and  further  direct  it  to 
remove  from  the  street  all  stones  of  whatever  nature  not  required 
to  be  relaid,  and  to  permit  another  contractor  to  lay  such  pavement 
or  sidewalk;  in  which  case  the  liability  of  the  Contractor  under 
this  contract  shall  cease  as  far  as  that  part  of  its  work  is  con- 
cerned, whenever  the  Engineer  shall  report  to  the  Board  that  the 
instructions  of  the  Board  have  been  complied  with,  exactly  the 
same  as  if  the  Contractor  had  fully  completed  the  repaving  as 
hereinbefore  provided.  The  Engineer  shall  then  report  to  the 
Board  the  number  of  square  yards  of  pavement  thus  disturbed  but 
not  relaid,  and  the  Board  will  deduct  from  the  amount  named  in 
this  contract  as  the  price  to  be  paid  to  the  Contractor,  the  sum  of 
one  dollar  and  five  cents  ($1.05)  for  each  square  yard  of  said 
pavement  when  the  same  is  granite,  and  one  dollar  and  twenty 
cents  ($1.20)  for  each  square  yard  of  said  pavement  when  the 
same  is  macadam. 

In  New  Elm  Street  where  the  same  is  to  be  widened  or  re-    NO  paving  in  New 
graded,  the  Contractor  will  not  be  required  to  relay  the  pavement    Elm  St 
unless  the  work  of  widening  and  repaving  shall  have  been  com- 
pleted prior  to  his  commencing  work.     It  will,  however,  remove 
the  old  material  or  store  the  same  for  use  by  the  parties  owning 
the  same,  as  directed  by  the  Board,  and  backfill  with  approved 
filling  material  to  a  grade  below  that  of  the  proposed  pavement, 
as  may  be  ordered  by  the  Board,  and  leave  its  work  in  such  condi- 
tion that  the  municipal  officer  in  charge  of  street  paving  or  the 
abutting  property-owners,  may  let  contracts  for  new  pavements. 


105 


Chap.  II. — Agree' t  for  Const' n:   Specifications 


Surface  and 
sub-surface 
structures  to 
be  supported. 


Notice  to  be 
given    in    advance 
of  commencing 
operations. 


Work,  when  done 
by  City  or  com- 
panies  owning 
mains. 


To  be  recon- 
structed without 
delay. 


20.  MAINTENACE  OF  STREET  RAILROAD  TRACKS, 
MAINS  AND  OTHER  SURFACE  OR  SUBSURFACE 
STRUCTURES. 

The  Contractor  shall  at  all  times,  by  suitable  bridging-  or  other 
supports,  maintain  and  support  in  an  entirely  safe  condition  for 
their  usual  service  and  to  the  reasonable  satisfaction  of  the  own- 
ers, all  elevated  railroad  structures,  street  tramways  of  whatever 
character,  water  and  gas  mains,  steam  pipes,  pneumatic  tubes, 
electric  subways,  sewers,  drains,  and  all  other  surface  or  sub- 
surface structures  encountered  during  the  progress  of  the  work. 
The  sidewalks,  curbs,  areas  and  stoops  along  the  line  of  the  work 
must  also  be  protected  from  any  injury;  but  should  any  injury 
occur  to  any  sidewalk,  curb,  area  or  stoop,  the  Contractor  shall 
fully  restore  the  same  to  as  good  a  condition  as  existed  before  the 
injury  was  done. 

Notice  is  to  be  given  by  the  Contractor  to  all  companies  and 
the  proper  city  officials,  owning  or  having  charge  of  surface  or 
subsurface  structures  along  any  part  of  the  work,  of  its  intention 
to  commence  operations  along  such  part  of  the  route,  at  least  one 
( i )  week  in  advance,  and  the  Contractor  shall  file  with  the  Engi- 
neer at  the  same  time  a  copy  of  said  notice ;  and  it  shall  co-operate 
with  the  proper  officers  or  officials  in  charge  of  such  structures  and 
shall  furnish  them  with  all  reasonable  facilities  to  inspect  the 
methods  of  caring  for  their  property. 

\Yhenever  it  becomes  necessary  to  cut,  move,  change,  or  recon- 
rtruct  any  such  structures,  as  named  above,  or  connections  there- 
with, such  work  shall  be  done  according  to  the  reasonable  satis- 
faction of  the  owners  of  such  pipes  or  other  structures,  and  should 
they  so  desire  by  the  owners  themselves,  at  the  expense  of  the 
Contractor;  such  expense  not  to  exceed  the  actual  cost  of  labor 
and  materials  used,  together  with  a  reasonable  allowance  for  the 
use  of  plant  and  tools  not  exceeding  seven  and  a  half  (7/^)  per 
cent. 

All  work  of  reconstruction  or  alteration  if  performed  by  the 
City  or  owners  shall  be  done  with  reasonable  dispatch  and  facili- 
ties are  to  be  provided  so  that  said  work  will  interfere  as  little  as 
possible  with  the  practical  working  and  use  of  such  structures. 
Failing  to  make  such  alterations  within  a  reasonable  time  as  shall 
be  adjudged  by  the  Board,  may  be  considered  by  the  Contractor 


106 


Chap.  II.  —  Agree  't  for  Const  'n:   Specifications 


as  a  waiver  on  part  of  said  City  or  owners  of  the  right  to  do  said 
work. 

In  the  event  of  the  companies  or  the  City,  being  required  to 
make  any  alteration  to  their  structures  as  above  provided,  or  in 
case  they  shall  consider  it  necessary  or  desirable  to  make  any  fur- 
ther alterations  in,  or  do  any  .work  to  or  in  connection  with  sur- 
face or  sub-surface  structures  owned  by  them  or  it,  at  the  time  the 
work  under  this  contract  is  in  progress,  the  Contractor  shall  give 
said  company  or  City  all  reasonable  opportunity  to  perform  such 
work,  provided  such  work  or  alteration  for  the  benefit  solely  of 
the  owners  of  sub-surface  structures  does  not  cause  the  Contractor 
any  serious  loss  or  delay,  as  shall  be  determined  by  the  Board. 


Right  of  corn- 
"    Clty 


21.     STATIONS. 

Contract  Drawings  Numbers  C  26.  to  C  34.  inclusive,  are  plans 
and  details  of  two  stations,  the  one  for  local  trains  only  and  the 
other  for  local  and  express  trains.  During  the  progress  of  the 
work  the  Board  will  issue  additional  plans  for  the  other  stations 
to  be  built,  which  plans  shall  be  similar  in  principle  to  those  shown 
in  the  Contract  Drawings  above  mentioned,  differing,  however, 
in  dimensions  and  details  as  rendered  necessary  by  local  condi- 
tions, which  plans  shall  become  binding  on  the  Contractor  as  if 
prepared  and  issued  at  the  time  of  signing  the  contract.  Or,  if 
the  Contractor  prefer,  it  may  prepare  plans  of  all  or  any  of  the 
stations  and  submit  the  same  to  the  Board,  and  if  their  approval 
be  obtained  to  such  plans,  or  to  such  plans  as  amended  by  them, 
then  the  Contractor  may  use  such  plans,  or  plans  as  amended,  in 
lieu  of  the  plans  shown  in  Contract  Drawings  Numbers  C  26.  to 
C  34.,  inclusive,  and  the  other  Contract  Drawings  of  the  other  sta- 
tions as  contemplated  above.  Such  plans,  if  prepared  by  the  Con- 
tractor, must  in  order  to  be  approved,  describe  stations  at  least  as 
convenient,  effective  and  attractive  in  their  general  plan,  arrange- 
ment and  details,  as  the  stations  described  in  these  specifications 
and  in  the  Contract  Drawings  Numbers  C  26.  to  C  34.,  inclusive. 
Where  local  conditions  permit,  and  the  Board  approve,  the  Con- 
tractor will  be  permitted  to  build  stations  with  island  platforms. 

Stations  on  viaducts  shall  be  built  according  to  plans  and  speci- 
fications furnished  by  the  Board,  or  according  to  plans  and  specifi- 
cations furnished  by  the  Contractor  and  approved  by  the  Board. 
Such  plans  and  specifications  will  describe  stations  of  the  most 


Stations 
ground. 


under- 


Stations   on 
viaducts. 


IO7 


Chap.  II. — Agree 't  for  Const 'n:   Specifications 

convenient  form  according  to  the  local  conditions,  and  with  an 
attractive  and  artistic  appearance.  The  platforms  shall  be  of  the 
same  length  as  for  the  stations  underground,  and  the  stairways 
leading  to  the  same  shall  start  from  both  sides  of  the  street,  or 
from  both  sides  of  the  cross  streets  in  the  case  of  two  sided  sta- 
tions located  at  the  intersection  of  streets.  Platforms  and  stair- 
ways shall  be  as  wide  as  the  local  circumstances  permit,  and  shall 
be  covered  for  their  full  length.  All  materials  used  in  the  con- 
struction of  such  stations  shall  be  of  the  best  class  as  ordinarily 
used  for  such  work. 

Vault  lights.  The  roof  of  the  stations,  where  under  the  sidewalks,  shall,  to 

as  great  an  extent  as  possible,  consist  of  what  are  known  as  vault 
lights.  These  lights  shall  be  made  of  cast-iron  frames,  with  lenses 
not  exceeding  two  (2)  inches  in  diameter,  of  strong  glass  set  in 
cement,  all  of  design  approved  by  the  Engineer;  which  frames 
shall  be  of  sufficient  strength  to  carry,  when  supported  in  a  man- 
ner similar  to  that  in  which  they  are  to  be  permanently  set,  an 
equally  distributed  load  of  at  least  five  hundred  (500)  pounds 
per  square  foot  without  signs  of  failure,  deformation  or  per- 
manent set,  when  such  test  load  is  removed.  The  right  is  re- 
served to  test  at  least  one  (i)  frame  in  every  ten  ( 10)  delivered, 
as  selected  by  the  Engineer.  Should  the  one  selected  fail,  another 
will  be  selected  by  the  Engineer ;  and,  if  that  fail,  then  the  whole 
lot  may  be  rejected.  These  frames  must  be  set  in  place  with  ce- 
ment, lead  or  other  means  to  be  absolutely  waterproof,  as  tested 
by  a  hose  with  one-half  (y2)  inch  nozzle  and  hydrant  pressure. 

Walls.  In  order  to  prevent  any  leaks  and  as  far  as  possible  condensa- 

tion, the  Contractor  must  exercise  great  care  in  the  construction 
of  station  walls  and  roofs.  The  walls  above  the  platform  level, 
when  acting  as  retaining  walls,  shall  be  built  of  brick  or  concrete 
with  a  waterproof  layer,  all  as  described  under  the  appropriate 
clauses  in  these  specifications.  The  walls  shall  be  faced  with 

Hollow  bricks.  enamelled  hollow  bricks.  If  such  hollow  bricks  cannot  be  ob- 
tained of  quality  satisfactory  to  the  Engineer,  then  at  a  distance 
of  one  (i)  inch  from  the  interior  face  of  such  walls,  there  shall 
1-c  built  a  wall  of  enamelled  bricks,  or  in  place  of  enamelled  bricks 
a  wall  not  less  than  four  (4)  inches  thick  of  hollow  brick,  the 
exterior  face  of  which  shall  be  covered  with  enamelled  tiles.  The 
interior  wall  may  be  stayed  by  header  bricks  abutting  against  the 
main  wall,  such  header  bricks  occurring  not  oftener  than  one  ( j) 

108 


Chap.  II. — Agree 't  for  Const' n:   Specifications 

inch  in  each  square  yard.  The  hollow  spaces  in  the  walls  shall  he 
connected  at  the  bottom  by  a  pipe  furnished  with  a  stopcock  and 
leading  to  the  drain. 

The  floors  of  stations  shall  be  of  some  approved  form  of  cement  Floors, 
or  artificial  stone,  and  shall  be  so  arranged  as  to  drain  to  one  or 
more  points  as  directed,  where  suitable  and  proper  provision  shall 
be  made  for  the  removal  of  water  used  in  flushing  the  same.  In 
the  designs  of  stations  all  corners  formed  by  intersecting  walls 
shall  be  avoided  by  joining  these  walls  by  curves  of  large  radius. 
In  order  that  such  curved  surface  shall  present  a  smooth  and 
workmanlike  finish  the  Contractor  shall  supply  special  bricks  or 
tiles  properly  curved  to  the  radius  used ;  and  where  the  sidewalls 
join  the  floor  the  corners  shall  be  rounded  by  specially  made  bricks 
or  tiles  curved  to  a  radius  of  at  least  two  (2)  inches.  All  details 
of  the  stations  must  be  so  arranged  as  to  facilitate  cleaning,  and 
to  permit  if  desired  a  thorough  washing  of  all  parts  of  the  stations 
and  their  approaches  by  means  of  a  hose. 

The  ceilings  of  stations  where  not  made  by  vault  lights  shall  be  Ceilings, 
made  as  follows :  The  roof  shall  be  formed  in  the  ordinary  man- 
ner as  the  roof  of  the  railway,  that  is,  of  brick  or  concrete  jack 
arches,  all  carefully  waterproofed.  The  interior  surface  shall  be 
made  of  wood,  plaster  on  expanded  metal  laths,  or  some  non-con- 
ducting material  approved  by  the  Board.  This  material,  of  what- 
ever nature,  shall  be  of  the  best  quality  ordinarily  used  for  such 
purpose,  and  shall  be  attached  to  the  flanges  of  the  roof  beams  so 
as  to  leave  an  air  space  behind  the  same.  The  ceiling  on  the  ex- 
posed surface  shall  be  suitably  decorated.  The  stairways  shall  be  Stairways, 
of  iron  or  of  sound  and  suitable  stone,  and  furnished  with  the  most 
approved  form  of  treads  to  prevent  slipping.  Wherever  possible 
there  shall  be  two  (2)  stairways  for  each  side  of  each  station,  and 
all  stairways  shall  be  of  as  great  a  width  as  the  local  conditions 
will  satisfactorily  permit  and  as  the  Board  may  approve.  Where 
the  presence  of  areaways  or  other  openings  permits  there  shall  be 
louvre  ventilators  of  glass  of  approved  design  placed  immediately  Ventilators, 
beneath  the  ceiling  of  stations.  These  louvres  shall  be  in  height 
not  exceeding  three  (3)  feet,  shall  extend  in  length  as  great  a  dis- 
tance as  the  local  circumstances  shall  permit,  unless  otherwise 
ordered  by  the  Board,  and  shall  be  so  arranged  as  to  exclude 
storm  water. 


109 


Waterclosets. 


Chap.  II. — Agree' t  for  Const' n:   Specifications 

The  ticket  booths,  railings,  doors  and  other  details  are  to  be  of 
wood,  brass  and  glass,  and  designed  and  constructed  with  skill  and 
in  a  manner  approved  by  the  Board. 

Each  side  of  every  station,  unless  otherwise  ordered  by  the 
Board,  shall  be  equipped  with  two  (2)  waterclosets  plainly  marked 
for  the  use  of  women  and  men  respectively.  They  shall  be  fin- 
ished with  bowls  of  sanitary  design  and  approved  make,  and  sup- 
plied with  a  good  flushing  device.  In  addition  to  the  bowl  the 
closet  for  the  men  shall  be  furnished  with  a  urinal  and  special 
flush  for  the  same,  all  of  approved  design.  The  doors  leading 
to  these  closets  shall  be  equipped  with  good  self-closing  springs. 
Each  closet  shall  have  a  ventilating  pipe  leading  direct  to  the 
outer  air,  and  covered  by  a  suitable  cast-iron  grating  to  set  in  the 
sidewalk  or  other  place,  and  furnished  with  a  small  automatic 
exhaust  fan.  The  bowls  and  urinals  shall  be  connected  by  means 
of  cast-iron  drain  pipes  to  the  main  sewer.  These  drains  shall  be 
furnished  with  sufficient  traps  of  approved  design,  set  close  to  the 
fixtures,  which  traps  shall  be  back-aired  in  an  efficient  and  work- 
manlike manner,  such  back-air  pipes  terminating  in  the  sidewalk 
or  other  approved  situation,  and  covered  by  suitable  galvanized- 
iron  gratings. 

Both  sides  of  every  station  shall  have  connection  with  the 
Croton  water  main  so  as  to  permit  the  attaching  of  hose  or  hoses 
for  the  flushing  and  washing  of  all  parts  of  the  station  and  plat- 
form, waiting  rooms  and  stairways. 

Sewers  and  pipes.  In  certain  stations  it  will  be  necessary  to  pass  sewers  or  pipes, 
or  both,  beneath  the  station  platforms,  and  in  order  to  reach  the 
same  for  the  pimpose  of  inspection  -and  repair,  cast-iron  frames 
capable  of  being  lifted,  of  such  size  and  design  as  the  Board  may 
prescribe,  shall  be  inserted  in  the  floor,  and  the  concrete  of  the 
floor  so  laid  as  to  be  exactly  flush  with  the  same. 

Whenever  it  is  necessary  to  suspend  from  the  ceilings  of  any 
station  or  stations,  pipes  for  the  conveyance  of  water,  gas,  air, 
electric  cables  or  other  materials,  the  same  shall  be  of  wrought 
iron  or  steel  in  lengths  of  at  least  twenty  (20)  feet  between  joints. 
The  joints  and  manner  of  attaching  and  supporting  such  pipes 
shall  be  as  permitted  by  the  Engineer.  Water  mains  shall  be 
encased  in  asbestos  or  other  approved  non-conducting  material 
and  all  exposed  mains  or  pipes  shall  be  suitably  painted. 

1 10 


Water  con- 
nections. 


Chap.  II. — Agree't  for  Const' n:   Specifications 


Wherever  station  platforms  are  located  at  a  depth  or  height    Elevators, 
exceeding  thirty  (30)  feet  from  the  surface  of  the  street,  the  Con- 
tractor shall,  if  required  by  the  Board,  establish  an  approved  plant 
of  elevators   not  exceeding-  four    (4)    in  number,   each  elevator 
being  of  sufficient  size  to  carry  at  least  twenty-five  (25)  persons. 

The  Contractor  shall  submit  to  the  Board  a  system  of  lighting  Lighting, 
the  stations  to  be  approved  by  them  before  being  put  into  opera- 
tion. The  lights  are  to  be  located  as  far  as  possible  by  being 
sunk  in  recesses  in  the  ceiling  or  behind  mouldings,  so  as  to  be 
sheltered  from  direct  observation,  and  to  furnish  light  by  reflec- 
tion. The  lights  must  be  of  sufficient  number  and  so  situated  as 
to  light  the  stations,  platforms  and  bridges  in  a  thorough  manner. 

The  stations  must  be  finished  in  a  decorative  and  attractive 
manner,  such  as  is  consistent  with  and  suitable  to  buildings  of 
such  character.  The  general  effect  is  to  be  light,  avoiding  any 
gloomy  suggestion.  To  produce  such  an  appearance  the  color  of 
the  enamelled  bricks  or  tiles  shall  be  white  or  approaching  white, 
except  as  bricks  or  tiles  of  other  color  are  introduced  for  architec- 
tural effect.  The  ceilings  are  to  be  decorated  in  a  suitable  and 
attractive  manner,  and  tinted  a  light  color. 


Decoration. 


22.    TERMINALS. 

Terminal  grounds  shall  be  located  by  the  Contractor  subject  to    where  located 
the  approval  of  the  Board,  and  shall  be  sufficient  in  area  to  permit 
the  construction  of  machine  repair  shops,  transfer  and  turntables 
and  other  terminal  appurtenances,   and  storage  tracks  having  a    Extent, 
mileage  of  not  less  than  five  (5)  miles  and  capable  of  storing  such 
equipment  as  will  be  furnished  under  this  contract,  and  such  rea- 
sonable additions  thereto  as  are  likely  to  be  made  within  ten  ( 10) 
years  next  ensuing  from  the  completion  of  the  work. 

The  surface  of  such  ground  shall  be  improved  by  excavating, 
filling,  or  other  grading  as  ordered  by  the  Board,  in  order  to  put 
the  same  in  proper  condition  for  use. 

Buildings,  transfer  and  turntables  and  similar  terminal  appur- 
tenances of  a  permanent  character  shall  be  constructed  according 
to  the  plans  and  specifications  furnished  by  the  Board,  or  accord- 
ing to  the  plans  and  specifications  to  be  furnished  by  the  Contrac- 
tor and  approved  by  the  Board. 

All  buildings  shall  be  constructed  of  steel,  brick,  or  other  fire- 
proof materials,  and  shall  present  an  attractive  appearance. 


Surface  to  be 
graded. 


Permanent  im- 
provements. 


Fireproof 
buildings. 


Ill 


Chap.  II. — A  greet  for  Const'n:   Specifications 


Machinery  and 
equipment  owned 
by  contractor. 


Sidetracks. 


Furnished  by 
contractor. 


Amount    required. 


Power. 


Cars. 


Signals. 


All  machinery  and  other  equipment  in  connection  with  such 
buildings  or  other  terminal  appurtenances  are  to  be  furnished  and 
owned  by  the  Contractor  along  with  the  equipment  as  contemplated 
by  the  Statute  and  called  for  by  this  contract. 

Sidetracks  of  substantial  character  shall  be  constructed  on  the 
terminal  grounds.  These  sidetracks  shall  have  a  combined  length 
sufficient  to  hold  all  the  rolling  stock  furnished  by  the  Contractor, 
and  shall  be  so  laid  out  and  placed  as  to  permit  their  convenient 
operation,  and  the  inspection  and  cleaning  of  the  cars  while  stored 
thereon. 

23.     EQUIPMENT. 

Full  and  sufficient  equipment,  including  all  rolling  stock,  motors, 
boilers,  engines,  wires,  subways,  conduits  and  mechanisms, 
machinery,  tools,  implements  and  devices  of  every  nature  whatso- 
ever, used  for  the  generation  or  transmission  of  motive  power, 
and  including  all  power  houses,  real  estate  necessary  therefor,  or 
for  the  generation  or  transmission  of  motive  power,  and  all  appa- 
ratus for  signalling  and  ventilation,  are  to  be  provided  by  the 
Contractor  at  its  expense,  as  provided  in  the  Statute. 

The  amount  of  such  equipment  shall  be  at  least  sufficient  to 
supply  at  one  time  trains  of  three  (3)  cars  on  the  local  lines  at 
two  (2)  minute  intervals,  and  trains  of  four  (4)  cars  on  the 
express  lines  at  five  (5)  minute  intervals,  each  car  having  a  mini- 
mum seating  capacity  of  forty-eight  (48)  persons. 

The  motive  power  of  such  equipment  shall  be  of  such  a  charac- 
ter as  not  to  require  combustion  in  the  tunnels  or  on  the  viaducts. 
The  motors  shall  have  sufficient  power  to  haul  on  level  gradients, 
in  addition  to  their  own  weight,  a  train  of  five  (5)  cars,  at  an 
average  speed  of  thirty-five  (35)  miles  an  hour,  with  stations  one 
and  a  half  (1/^2)  miles  apart,  allowing  ten  (10)  seconds  for  the 
duration  of  each  stop. 

The  cars  shall  be  so  constructed  as  to  facilitate  to  the  utmost  a 
quick  discharge  and  loading  of  passengers.  Both  motors  and  cars 
shall  be  designed  to  have  a  handsome  and  attractive  appearance, 
both  within  and  without,  and  be  constructed  of  the  best  material 
and  workmanship ;  and  special  care  must  be  taken  to  avoid  all 
loose  or  rattling  parts  that  might  produce  noise.  Extra  provision 
must  be  made  for  the  thorough  ventilation  of  all  cars. 

The  signalling  devices  shall  be  of  the  most  approved  and  reliable 
character,  preference  being  given  to  a  system  which  will  auto- 


112 


Chap.  II. — Agree' t  for  Const' n:   Specifications 

matically  bring  a  train  to  a  stop  in  the  event  of  the  man  in  charge 
failing  to  obey  a  danger  signal. 

The  Contractor  shall  so  construct  the  tunnel,  cars  and  equip-  Ventilation. 
rnent  and  provide  them  with  such  devices  for  ventilation  that  they 
will  be  supplied  at  all  times  with  pure,  wholesome  air.  In  addi- 
tion to  the  openings  to  be  constructed  at  stations,  the  Contractor 
shall  construct  at  least  two  (2)  such  blowholes  as  shown  on  Con- 
tract Drawing  No.  C  10,  between  every  two  stations  on  the  tunnel 
portion  of  the  Main  and  West  Side  Lines  between  Sixtieth  street 
and  One  hundred  and  fiftieth  street.  The  Contractor  may  con- 
struct other  blowholes  and  ventilating  shafts  and  such  other  con- 
structions as,  in  the  opinion  of  the  Contractor,  may  be  needed  to 
give  an  efficient  system  of  ventilation  and  as  may  be  approved  by 
the  Board. 

The  general  plans  of  the  equipment,  including  designs  for  cars,    Equipment  to  be 
devices  for  signals  and  ventilation,  must  be  submitted  to  the  Board    aPProve  • 
and  approved  by  it,  both  as  to  design  and  quantity,  and  further- 
more, the  construction  of  the  equipment  must  be  similarly  approved 
as  to  material  and  workmanship. 


24.     GENERAL   CLAUSES. 

All  materials  and  workmanship  must  be  of  the  best  class  in 
every  respect  as  ordinarily  used  for  such  work  where  applied,  and 
the  Engineer  is  to  be  the  sole  judge  of  their  quality  and  efficiency. 

Wherever  necessary  the  Contractor  shall  erect  and  maintain  at 
its  own  expense  fences  for  the  protection  of  adjoining  property 
and  of  the  adjoining  public  places. 

At  its  own  expense,  and  under  the  direction  of  the  Engineer,  the 
Contractor  is  to  clear  the  work,  streets  and  all  public  places  occu- 
pied by  it  from  all  refuse  and  rubbish,  and  leave  them  in  a  neat 
condition. 

Wherever  the  Contractor  is  absent  from  any  part  of  the  work 
where  it  may  be  necessary  to  give  instructions,  orders  will  be  given 
by  the  Engineer  to  and  shall  be  received  and  obeyed  by  the  super- 
intendent or  overseer  of  the  Contractor  who  may  have  charge  of 
the  particular  work  in  relation  to  which  the  orders  are  given,  and 
a  written  copy  of  such  orders  will  be  forwarded  to  the  Contractor 
by  the  Engineer  without  delay. 


Materials  and 
workmanship. 


Fences. 


Work  to 
cleared. 


be 


Orders  given  in 

Contractor's 

absence. 


, 


Chap.  II. — Agree' t  for  Const' n:    Specifications 


Lines  and  grades. 


Imperfect  work. 


Damaged  work 
to  be  replaced. 


Notice  to  be 
given  to  Engi- 
neer prior  to 
commencing 
construction. 


Commencement 
to  be  postponed. 


Conveniences. 


Ordinances  and 
regulations. 


The  principal  lines  and  grades  are  to  be  given  by  the  Engineer, 
who  may  change  them  from  time  to  time  as  may  be  authorized  and 
directed  by  the  Board.  The  stakes  and  marks  given  by  the 
Engineer  must  be  carefully  preserved  by  the  Contractor,  which 
must  give  to  the  Engineer  all  necessary  assistance  and  facilities 
for  establishing  benches  and  plugs  for  making  measurements. 

Any  inefficient  or  imperfect  work  which  may  be  discovered 
before  the  final  acceptance  of  the  work,  shall  be  corrected  imme- 
diately on  the  requirement  of  the  Engineer,  notwithstanding  that 
it  may  have  been  overlooked  by  the  proper  inspector. 

In  all  work  of  whatever  kind,  which  during  its  progress  and 
before  its  final  acceptance,  shall  become  damaged  from  any  cause, 
so  much  of  it  as  may  be  objectionable,  shall  be  broken  up  or 
removed,  and  be  replaced  by  good  and  sound  work. 

Before  commencing  work  on  any  part  of  the  route,  whether  on 
the  railway  or  on  the  sewers  lying  off  the  line  of  the  railway,  the 
Contractor  shall  give  notice  in  writing  to  the  Engineer  at  least 
one  ( i )  week  in  advance  of  its  intention  to  commence  such  opera- 
tions; and  before  commencing  manufacture,  or  resuming  manu- 
facture if  the  same  has  been  suspended,  of  any  article  called  for 
by  these  specifications,  notice  shall  be  given  to  the  Engineer  in 
writing  at  least  one  (i)  week  in  advance,  with  the  name  and 
address  of  the  mill  and  the  amount  and  description  of  the  material 
to  be  manufactured,  in  order  that  proper  inspection  may  be 
arranged  for. 

If  so  requested  by  the  Engineer  in  writing,  countersigned  by 
the  President  of  the  Board,  a  further  reasonable  delay  in  com- 
mencing work  or  manufacture  must  be  granted,  such  delay  to 
extend  the  time  of  completing  this  contract  as  named  herein. 

Necessary  conveniences,  properly  secluded  from  public  observa- 
tion, shall  be  constructed  wherever  needed  for  the  use  of  laborers 
on  the  works,  to  the  satisfaction  of  the  Engineer  and  the  sanitary 
authorities. 

In  all  operations  connected  with  the  work,  all  ordinances  of  the 
City  authorities,  and  of  the  Board  of  Health,  which  shall  be  valid 
and  operative  with  respect  to  work  on  the  Rapid  Transit  Railroad, 
and  the  valid  regulations  of  the  officers  of  the  United  States  in 
charge  of  the  navigable  waters  in  and  about  the  Harbor  of  New 
York,  and  all  laws  of  this  State  which  are  now  applicable  and 
control  or  limit  in  any  way  the  actions  of  those  engaged  in  the 


114 


Chap.  II. — Agree' t  for  Const'n:   Specifications 

work   or  affecting  the  materials   belonging  to   them,   must   be 
respected  and  strictly  complied  with. 

If  the  work  or  any  part  thereof,  or  any  material  found  or    Removal  of 
brought  on  the  ground  for  use  in  the  work  or  selected  for  the    Condemned  ma- 
same,  shall  be  condemned  by  the  Engineer  as  unsuitable  or  not 
in  conformity  with  the  specifications,  the  Contractor  shall  forth- 
with remove  such  materials  from  the  work  and  rebuild  or  remedy 
such  work  as  may  be  directed  by  the  Engineer. 

The  Contractor  shall  employ  only  competent,  skillful  and  faith-    Competent  men  to 
f ul  men  to  do  the  work.    Whenever  the  Engineer  shall  notify  the 
Contractor  in  writing  that  any  man  on  the  work  is  in  his  opinion 
incompetent,  unfaithful  or  disorderly,  such    man    shall    be    dis- 
charged from  the  work  and  shall  not  again  be  employed  on  it. 


25.     SECTIONAL  CONSTRUCTION. 

The  foregoing  specifications  and  all  drawings  have,  for  conve- 
nience, been  prepared  without  regard  to  the  construction  of  the 
Railroad  in  sections.  All  of  the  specifications  and  drawings  shall, 
so  far  as  applicable,  apply  to  each  section  which  the  Contractor 
shall  be  bound  to  construct. 


26.     TRADE   COMBINATIONS,  ETC. 

In  the  event  of  difficulty  arising  through  trade  combinations,  or 
otherwise,  preventing  the  purchase  on  fair  terms,  as  determined 
by  the  Board,  of  any  article  called  for  by  these  specifications,  then 
the  Board  may  upon  the  request  of  the  Contractor  adopt  such 
alternative  requirements  as  it  shall  deem  proper. 


Contractor  pro- 
tected from 
trade  combina- 
tions. 


Chapter  III. — The  Lease 


Description 
Railroad. 


of 


Term  of  Lease. 


Contractor  to 
surrender    Posses- 
sion at  End  of 
Lease. 

Rental. 


CHAPTER  III.— THE  LEASE. 

The  City  hereby  lets  the  Railroad  to  the  Contractor  for  the  term 
hereinafter  mentioned.  The  Railroad  hereby  leased  includes  the 
railway  constructed  under  the  Routes  and  General  Plan  thereof 
prescribed  by  the  resolutions  of  the  Board  adopted  on  the  I4th  day 
of  January  and  the  4th  day  of  February,  1897,  together  with  ter- 
minals, stations  and  all  other  appurtenances  whatsoever  of  the 
said  Railroad,  but  not  including  the  Equipment  thereof,  Provided, 
however,  that  the  railroad  leased  shall  be  deemed  to  include  only 
Section  I  unless  and  until  the  City  shall  determine,  as  prescribed 
in  Chapter  I,  General,  to  construct  Section  II,  whereupon  the  rail- 
road leased  shall  be  deemed  to  include  only  Sections  I  and  II 
unless  and  until  the  City  shall  determine,  as  prescribed  in  Chapter 
I,  General,  to  construct  Section  III,  whereupon  the  railroad 
lease  shall  be  deemed  to  include  Sections  I,  II  and  III  unless 
and  until  the  City  shall  determine,  as  prescribed  in  Chapter 
I,  General,  to  construct  Section  IV  whereupon  the  railroad 
hereby  leased  shall  be  deemed  to  include  all  four  sections. 

The  Contractor  hereby  agrees  to  equip,  maintain  and  operate 
the  Railroad  during  the  whole  of  the  said  term.  The  said  term 
shall  be  fifty  (50)  years,  and  shall  run  from  the  date  on  which 
Section  I  of  the  Railroad  shall  be  declared  by  the  Board  to  be 
ready  for  operation,  Provided,  however,  that,  if  the  Railroad  shall 
include  Sections  II,  III  and  IV  or  any  of  them,  the  term  of  the 
Lease  as  to  each  of  such  sections  so  included  shall  begin  on  the 
date  or  dates  on  which  it  shall  be  declared  by  the  Board  to  be 
ready  for  operation  and  shall  end  at  the  end  of  the  said  first  men- 
tioned term  of  fifty  years. 

The  Contractor  shall  surrender  possession  of  the  Railroad  at 
the  end  of  the  said  term  of  fifty  years  or  at  the  earlier  termina- 
tion of  this  Lease,  as  herein  provided. 

The  Contractor  shall  pay  to  the  City  rental  for  the  Railroad, 
which  rental  shall  consist  of  the  following : 

(i)  An  annual  sum  equal  to  the  annual  interest  payable  by 
the  City  upon  all  bonds  which  shall  be  issued  by  it  in  order  to  pro- 
vide means  for  Construction.  The  amount  of  such  interest  shall 
be  ascertained  as  of  the  time  when  the  Railroad  shall  be  declared 
by  the  Board  to  be  ready  for  operation ;  but  it  shall  be  increased 
from  time  to  time  by  the  amount  of  the  annual  interest  payable  by 


116 


Chapter  III. — The  Lease 

the  City  for  all  bonds  which,  after  the  date  when  the  Railroad 
shall  be  so  declared  to  be  ready  for  operation,  shall  be  issued  in 
order  to  provide  means  for  Construction.  The  amount  or  amounts 
payable  under  this  subdivision  shall  not  be  subject  to  decrease  by 
reason  of  the  refunding  by  the  City  at  lower  rates  of  interest  of 
any  of  the  bonds  issued  as  aforesaid.  Bonds  issued  in  order  to 
provide  means  for  Construction  shall  be  deemed  to  include  bonds 
issued  to  pay  interest  on  bonds  theretofore  issued  pursuant  to  this 
Contract  under  the  provisions  of  section  34  of  the  Rapid  Transit 
Act;  but  shall  not  be  deemed  to  include  bonds  issued  to  pay  for 
rights,  terms,  easements,  privileges  or  property  other  than  lands 
acquired  in  fee. 

(2)  A  further -annual  sum  which  shall  be  equal  to  one  per 
centum  upon  the  whole  amount  of  the  said  bonds  (with  the  excep- 
tions above  mentioned)  except  that  the  annual  payment  in  excess 
of  such  interest  shall,  for  each  year  during  the  period  of  five  (5) 
years  from  the  date  at  which  the  payment  of  rental  shall  begin, 
be  such  sum  not  exceeding  such  one  (i)  per  centum  as  shall  be 
equal  to  the  excess  of  the  profits  of  the  Contractor  for  such  year 
in  the  operation  of  the  Railroad  over  five  (5)  per  centum  upon 
the  capital  of  the  Contractor  invested  in  the  enterprise,  and  except 
further  that  for  each  year  during  a  second  and  immediately  suc- 
ceeding period  of  five  (5)  years,  there  shall,  in  lieu  of  such  one 
per  centum,  be  paid  one-half  (l/2)  of  such 'one  (i)  per  centum 
and  in  addition  an  amount  not  exceeding  one-half  (y2)  of  such 
one  (i)  per  centum  which  shall  be  equal  to  the  excess  of  the 
profits  of  the  Contractor  for  such  year  in  the  operation  of  the 
Railroad  over  five  (5)  per  centum  per  annum  upon  its  capital 
invested  as  aforesaid. 

The  Rental  shall  begin  as  to  each  Section,  with  the  date  of  the 
declaration  of  the  Board  that  such  Section  is  ready  for  operation 
and  shall  be  payable  at  the  end  of  each  quarter  on  the  first  days 
of  January,  April,  July  and  October. 

During  the  first  ten  (10)  years  of  the  said  term  of  fifty  (50)    When   Contractor 
years,  the  Contractor  shall  deliver  to  the  Comptroller  at  the  time 
each  payment  of  Rental  is  due  a  statement  in  form  and  with    tion. 
details  to  be  prescribed  by  the  Board,  the  same  to  be  verified  under 
oath  by  the  Contractor  or  by  the  treasurer  of  the  Contractor  or, 

117 


Chapter  III. — The  Lease 


Contractor's 
Assurance  of 
Character  of 
Railroad. 


in  case  of  his  absence  or  inability,  then  by  its  president,  or  other 
chief  officer  or  manager,  showing  for  the  preceding  quarter, — 

1 i )  The  amount  of  Capital  of  the  Contractor  invested  in  the 
enterprise  not  including  borrowed  money  however  secured. 

(2)  The  gross  receipts  from  the  operation  of  the  Road. 

(3)  The   operating  expenses   of  the  road  including  actual 
expenditure  for  repairs  and  maintenance  and  interest  on  bor- 
rowed money,  but  without  allowance  otherwise  for  wear  or  tear 
or  deterioration. 

The  profits  shall  be  determined  by  deducting  from  the  gross 
receipts  the  operating  expenses  as  above  denned. 

After  the  expiration  of  the  said  period  of  ten  (10)  years  the 
Contractor  shall  deliver  to  the  Comptroller  at  the  quarterly  times 
altove  mentioned  a  statement  verified  as  above  provided  showing 
its  gross  receipts  for  the  preceding  quarter  from  the  operation  of 
the  Road. 

The  Comptroller  or  the  Board  shall  have  the  right  to  verify 
any  of  the  said  statements  by  an  examination  of  the  Contractor's 
books  and  the  examination  under  oath  of  any  of  its  officers  or 
servants;  and  the  Contractor  hereby  covenants . that  its  officers 
and  servants  shall  submit  to  such  examination  and  produce  such 
books  whenever  and  wherever  they  may  be  reasonably  required 
by  the  Board  or  Comptroller. 

The  Contractor  by  Chapter  II  of  this  contract  has  agreed  to 
itself  construct  the  Railroad  so  that  the  same  shall  be  an  intra- 
urban railway  of  the  very  best  character  according  to  the  highest 
modern  standard,  in  respect  of  safety,  speed  and  convenience  and 
in  all  other  respects.  The  Contractor  covenants  to  and  with  the 
City  that  at  the  time  or  times  the  Lease  shall  begin  the  said  Rail- 
road so  far  as  declared  by  the  Board  ready  for  operation  shall  be 
a  railway  of  the  character  aforesaid  ready  for  immediate  and  con- 
tinuous operation,  and  that  the  same  shall,  at  the  time  of  the  com- 
mencement of  the  said  term,  or  terms  be  a  railway  in  all  respects 
conforming  to  all  and  every  of  the  requirements  of  the  Lease. 
The  Contractor  admits  that  at  the  commencement  of  its  Operation 
of  the  Railroad  under  the  Lease  it  will  have  a  complete  knowl- 
edge thereof  and  a  knowledge  ampler  than  that  of  the  City  or  any 
official  thereof.  The  Contractor  shall  at  no  time  and  in  no  event 
be  at  liberty  to  object  to  the  plans  or  specifications  upon  which 


118 


Chapter  III. — The  Lease 


the  Railroad  has  been  constructed,  or  the  manner  of  its  construc- 
tion, maintenance  or  operation. 

The  Contractor  covenants  to  and  with  the  city  that  the  Con- 
tractor will,  during  the  term  of  the  Lease,  operate  the  Railroad 
carefully  and  skilfully  according  to  the  highest  known  standards 
of  railway  operation. 

It  further  covenants  to  do  all  the  things  which  in  this  Contract 
is  provided  that  it  shall  do. 

The  Contractor  shall  run  trains  of  two  kinds,  local  trains  and 
express  trains.  The  local  trains  shall  be  run  at  a  speed  on  the 
average,  stops  at  stations  included,  of  not  less  than  fourteen  ( 14) 
miles  per  hour.  The  express  trains  shall  be  run  on  the  average, 
stops  at  stations  included,  at  a  rate  of  not  less  than  thirty  (30) 
miles  per  hour.  The  Contractor  shall,  so  far  as  is  practicable, 
meet  all  reasonable  requirements  of  the  public  in  respect  of  fre- 
quency and  character  of  its  railway  service  to  the  full  limit  of  the 
capacity  of  the  Railroad.  Between  the  hours  of  half-past  eleven 
and  one  o'clock  at  night  and  between  five  and  six  o'clock  in  the 
morning  trains  shall  be  run  by  the  Contractor  stopping  at  all  sta- 
tions at  intervals  of  not  less  than  ten  ( 10)  minutes.  Between  the 
hours  of  one  o'clock  and  five  o'clock  in  the  morning  trains  shall 
be  run,  stopping  at  all  stations  at  intervals  of  not  less  than  fifteen 
(15)  minutes. 

The  Contractor  shall  operate  the  Railroad  with  the  highest 
regard  to  the  safety  of  the  passengers  and  employees  thereof  and 
of  all  other  persons.  Mechanical  and  other  devices  for  safety  shall 
be  of  the  very  best  known  character.  The  Contractor  hereby  cove- 
nants to  and  with  the  City  that  it  will  save  the  City  harmless  of 
and  from  all  claims  of  every  nature  arising  from  injuries  to  pas- 
sengers, employees  or  other  persons  by  reason  of  negligence  on  the 
part  of  the  Contractor  or  of  any  of  its  employees,  and  all  other 
claims  by  reason  of  operation  of  the  Railroad,  except  those  against 
which  the  City  by  this  contract  assures  the  Contractor. 

The  Contractor  shall  during  the  term  of  the  Lease  keep  the 
Railroad  and  its  Equipment  and  each  and  every  part  thereof  in 
thorough  repair,  and  s,hall  restore  and  replace  every  part  thereof 
which  may  wear  out  or  cease  to  be  useful,  so  that  at  all  times  and 
at  the  termination  of  the  Lease  the  Railroad  shall  be  in  thoroughly 
good  and  solid  condition  and  fully  and  perfectly  equipped  pres- 
ently ready  for  continuous  and  practical  operation  to  the  full  limit 


Contractor  to 
observe  highest 
Standard  of 
Railway 
Operation. 


Trains,  their 
Speed,  Frequency 
&c. 


Safety. 


Repairs. 


119 


Chapter  III. — The  Lease 


Contractor  to 
keep  Railroad  in 
good  Condition. 


Not  to  permit 
Advertisements, 
etc.,  to  interfere. 

To  light  and  heat 
Stations,  Cars,  &c. 


Waiting  Rooms. 


Ventilation. 


of  its  capacity.  If  at  any  time  the  Board  or  its  Engineer  shall 
notify  the  Contractor  of  any  loss,  wear,  decay  or  defect  in  the 
Railroad  or  the  Equipment,  such  loss,  wear,  decay  pr  defect  shall 
forthwith  be  completely  remedied  by  the  Contractor  at  its  own 
expense,  so  far  as  the  same  interferes  or  is  inconsistent  with  the 
thoroughly  good  or  solid  condition  of  the  Railroad  or  its  Equip- 
ment as  aforesaid,  or  with  the  continuous  or  practical  operation 
thereof  to  its  full  limit  as  aforesaid.  If  the  Contractor  shall 
unreasonably  fail  or  refuse  to  so  forthwith  completely  remedy  such 
loss,  wear,  decay  or  defect,  the  Board  may  in  such  manner, 
whether  by  contract  or  otherwise,  as  it  may  deem  proper,  procure 
such  loss,  wear,  decay  or  defect  to  be  supplied  and  remedied,  and 
for  such  purpose  shall  be  entitled,  so  far  as  it  shall  deem  necessary 
or  convenient,  to  enter  upon  the  premises;  and  the  Contractor 
shall  forthwith,  upon  the  demand  of  the  Board,  pay  to  the  City 
the  entire  cost  incurred  by  the  City  in  supplying  such  loss  or  wear 
or  in  remedying  such  decay  or  defect. 

The  Contractor  shall  keep  the  stations,  tunnels  and  all  other 
pa"rts  of  the  Railroad  clean,  free  from  unnecessary  dampness,  and 
in  that  and  in  all  other  respects  in  thoroughly  good  order  and 
condition.  The  Contractor  shall  promptly  remove  from  the  sta- 
tions and  their  approaches,  including  the  sidewalks  immediately 
adjoining  the  approaches,  all  ice  and  snow  and  all  other  obstruc- 
tions or  hindrances. 

The  Contractor  shall  not  permit  advertisements  in  the  stations 
or  cars  which  shall  interfere  with  easy  identification  of  stations  or 
otherwise  with  efficient,  operation. 

The  Contractor  shall  suitably  and  thoroughly  light  and  heat 
the  stations  and  cars  of  this  Railroad ;  and  they  shall  be  so  lighted 
that  passengers  may  conveniently  read  therein.  Such  light  and 
heat  shall  be  provided  by  electricity  or  such  other  illuminating  and 
heating  agent,  as  may  be  approved  by  the  Board. 

The  Contractor  shall  keep  the  waiting-rooms  in  clean  and  com- 
fortable condition,  and  provide  therein  proper  seating  capacity 
and  good  drinking  water.  The  Contractor  shall  provide  in  con- 
nection therewith  sufficient  and  suitable  water-closets,  and  keep 
the  same  in  sanitary  condition. 

The  Contractor  shall  cause  all  tunnels,  stations  and  cars  of  the 
Railroad  to  be  thoroughly  ventilated  with  pure  air. 


120 


Chapter  III. — The  Lease 


Tunnels  to 
lighted. 


be 


The  Contractor  shall  keep  all  tunnels  sufficiently  lighted  at  all 
times  to  permit  the  tracks  and  walls  and  roofs  of  the  tunnels  to 
be  clearly  visible  for  inspection. 

The  motive  power  shall  be  electricity  or  compressed  air,  which  Motive  Power 
shall  be  so  used  as  to  involve  no  combustion  in  the  tunnels  or  any 
injury  to  the  purity  of  the  air  in  the  tunnels, — Provided,  however, 
that,  if,  in  the  future  development  of  the  railway  art,  any  method 
of  generating  or  transmitting  power  superior  to  electricity  and 
involving  no  combustion  or  other  injury  to  the  purity  of  the 
atmosphere  in  the  tunnels  or  in  the  cars  shall  be  discovered  to  be 
practicable,  then  the  Contractor  shall  have  the  right  to  adopt 
such  different  method  if  approved  by  the  Board.  But  if  the  Con- 
tractor shall  adopt  such  different  method,  then  the  Contractor 
shall  provide  and  maintain  equipment  for  the  generation  and  trans- 
mission of  power  by  such  different  method  at  least  equal  in  com- 
pleteness, efficiency  and  durability  to  the  Equipment  as  provided 
to  be  used  at  the  commencement  of  the  term  of  the  Lease.  Any 
such  change  of  motive  power  shall  be  made  only  upon  general 
and  detailed  plans  and  specifications  which  shall  have  been  sub- 
mitted by  the  Contractor  to  the  Board  at  least  two  (2)  months 
before  any  such  change  shall  be  made. 

The  Contractor  shall  at  all  times  provide  all  reasonable  con-  Inspection, 
veniences  for  the  inspection  of  the  Railroad  and  Equipment  and 
every  part  thereof  by  the  Board,  its  members,  its  engineers  and 
subordinates.  The  members  of  the  Board,  its  engineers  and  sub- 
ordinates shall  at  any  time  upon  its  authority  have  access  to  any 
part  of  the  Railroad  or  Equipment,  or  to  any  materials  therefor  in 
process  of  manufacture. 

The  Contractor  shall  at  all  times  provide,  in  quantities  amply 
sufficient  for  the  travel  to  the  full  capacity  of  the  Railroad,  cars, 
rolling  stock  and  other  parts  of  the  Equipment  of  the  best  char- 
acter known  at  the  time  to  the  art  of  intra-urban  railway  opera- 
tion. In  case  of  any  such  neglect  the  Board  may,  upon  notice, 
require  the  defect  to  be  made  good ;  and,  if  the  defect  shall  not 
forthwith  and  upon  such  notice  be  made  good,  then  the  Board 
shall  be  at  liberty,  either  by  contract  or  otherwise  as  it  may  see 
fit,  to  make  good  such  defect :  and  in  so  doing  the  Board  shall, 
so  far  and  for  such  time  as  may  be  necessary  or  convenient,  be 
entitled  to  enter  upon  or  take  possession  of  any  part  of  the  Rail- 
road or  Equipment.  The  Contractor  shall  forthwith'  repay  to  the 


Character  of 
Rolling  Stock. 


121 


Chapter  III. — The  Lease 


Rolling  Stock  to 
be  adequate. 


Schedules  of 
Equipment  to  be 
filed. 


Equipment  to  be 
kept  in  good 
Order. 


City's  Lien  on 
Equipment. 


Freight  may  be 
carried. 


City  the  cost  to  which  it  shall  be  put  in  making  good  any  such 
defect. 

The  Contractor  shall  at  all  times  keep  upon  the  Railroad,  cars, 
motors  and  other  equipment  which  shall,  to  the  limit  of  the 
capacity  of  the  Railroad,  be  adequate  to'the  requirements  of  the 
traveling  public. 

The  Contractor  shall,  before  the  declaration  of  the  Board  that 
the  Railroad  is  ready  for  operation  and  before  the  Contractor 
shall  be  entitled  to  the  final  payment  for  construction,  file  with 
the  Board  in  duplicate  a  true  schedule  of  the  Equipment  of  the 
Railroad.  Such  schedule  shall  be  in  detail  and  shall  be  prepared 
in  such  form  as  may  be  prescribed  by  the  Board.  After  the  opera- 
tion of  the  Railroad  shall  have  been  begun  the  Contractor  shall 
within  thirty  days  after  the  first  day  of  January  and  the  first  day 
of  July  respectively  in  each  year  file  a  like  schedule  showing  in 
detail  all  of  the  Equipment  on  such  first  day  of  January  or  first  day 
of  July  respectively.  Every  such  schedule  shall  be  verified  by  the 
affidavit  of  the  general  manager  or  other  officer  of  the  Contractor 
who  shall  be  in  the  general  care  and  control  of  the  Equipment, 
and  who  shall  in  such  affidavit  state  that  he  is  in  such  general  care 
and  control. 

The  Equipment  shall  be  kept  by  the  Contractor  in  thoroughly 
good  order  and  repair ;  and  the  Contractor  hereby  expressly  cove- 
nants to  and  with  the  City  that  the  Contractor  will  not  at  any  time 
within  three  (3)  years  before  the  end  of  the  term  of  the  Lease 
permit  the  Equipment  to  be  less  in  quantity  or  inferior  in  quality 
to  the  Equipment  as  it  shall  have  been  at  any  prior  time  during 
the  term  of  the  Lease. 

The  lien  of  the  City  upon  the  Equipment  shall  be  applicable  to 
all  Equipment  at  any  time  provided  by  the  Contractor  during  the 
term  of  the  Lease  in  like  manner  as  to  the  Equipment  provided 
by  the  Contractor  prior  to  the  commencement  of  said  term. 

The  Contractor  may  use  the  Railroad  for  the  carriage  of  freight 
or  express  matter,  Provided,  however,  that  such  use  shall  not  to 
any  extent  or  in  any  way  interfere  with  the  use  of  the  Railroad 
to  its  fullest  capacity  for  all  passengers  who  shall  desire  to  be 
carried  upon  it.  Nor  shall  the  Contractor  make  any  use  of  the 
Railroad  or  any  part  of  it  or  of  its  Equipment  which  shall  to  any 
extent  or  in  any  way  interfere  with  such  use  to  its  fullest  capacity 
for  passengers. 


122 


Chapter  III. — The  Lease 

The  Contractor  shall  during  the  term  of  the  Lease  be  entitled    Fares.  \ 

to  charge  for  a  single  fare  upon  the  Railroad  the  sum  of  five  (5) 
cents,  but  not  more.  The  Contractor  may  provide  additional  con- 
veniences for  such  passengers  as  shall  desire  the  same  upon  not 
to  exceed  one  (i)  car  upon  each  train,  and  may  collect  from  each 
passenger  in  such  car  a  reasonable  charge  for  such  additional  con- 
venience furnished  him,  provided  that  the  amount  to  be  charged 
therefor  and  the  character  of  such  additional  convenience  shall 
from  time  to  time  be  subject  to  the  approval  of  the  Board.  The 
Contractor  may  provide  not  to  exceed  one  (i)  car  in  each  train 
for  persons  smoking. 

If  the  Contractor  shall  default  in  paying  the  rental  herein    Powers  of  Ci<r 
provided  or  shall  fail  to  observe,  keep  and  fulfill  the  conditions,    Contractor 
obligations  and  requirements  of  the  Lease  or  any  of  them,  the 
City  shall  have  all  the  remedies  provided  in  that  case  by  Chap- 
ter I.  of  this  contract. 

At  the  termination  of  the  Lease,   (or  if  the  same  shall,  at    City  to  buy 
any  time  not  less  than  one  (i)  year  before  the  expiration  of 


the  term  of  the  present  lease, — be  renewed  by  agreement  be- 
tween the  City  and  the  Contractor,  then  upon  the  expiration  of 
said  renewal  thereof)  the  City  shall  buy  and  the  Contractor 
shall  sell,  the  whole  of  the  property  of  the  Contractor  em- 
ployed in  and  about  the  equipment,  maintenance  and  operation 
of  the  Railroad.  The  right  of  the  City  so  to  buy  shall  be  pro- 
tected by  its  lien  upon  Equipment  as  aforesaid.  Such  purchase 
and  the  sale  shall  be  at  a  reasonable  price,  due  regard  being 
had  to  the  condition,  wear  and  tear  of  the  property.  Such 
price  may  be  fixed  by  agreement  between  the  Board  and  the 
Contractor;  but  if  they  shall  not  agree  then  such  price  shall 
be  fixed  by  arbitration,  or,  if  either  party  shall  object  to  ar- 
bitration, or  if  the  terms  or  procedure  of  arbitration  shall  not  be 
agreed  upon,  or  if  the  arbitration  shall  fail, — then  by  appropriate 
suit  or  proceeding  in  the  Supreme  Court  of  this  State.  The  City 
shall  have  the  right  at  the  termination  of  the  Lease,  whether  or 
not  the  price  shall  have  been  ascertained  or  paid,  to  take  pos- 
session and  use  and  operate  all  such  property  of  the  Con- 
tractor, but  subject,  however,  to  its  liability  to  pay  the  value 
thereof  to  be  ascertained  as  aforesaid  with  interest  from  the 
time  of  taking  possession. 


Property  at  End 
of  Term. 


123 


Lease,  when 
Assignable. 


Right  to  Renewal. 


Chapter  III. — The  Lease 

The  Lease  shall  not  be  assignable  by  the  Contractor  without 
the  written  consent  of  the  Board  concurred  in  by  six  (6)  of 
its  members. 

Upon  the  written  demand  of  the  Contractor  or  its  lawful 
assignee  delivered  to  the  Board  not  more  than  two  (2)  years 
and  not  less  than  one  (i)  year  before  the  expiration  of  the 
term  of  this  Lease,  the  Contractor  shall  be  entitled  to  a  re- 
newal hereof  for  the  term  of  twenty-five  (25)  years.  Such 
renewal  lease  shall  be  in  the  same  form  as  this  lease  except 
that,  in  lieu  of  the  term  or  terms  of  duration  of  this  lease, 
such  renewal  lease  shall  be  for  the  term  of  twenty-five  (25) 
years  from  the  date  of  the  expiration  of  this  lease,  and  except 
further  that  such  renewal  lease  shall  contain  no  provision  for 
a  renewal  and  except  further  that  the  amount  of  the  annual 
rental  shall  be  an  amount  not  less  than  the  average  amount  of 
the  annual  rental  for  the  ten  (10)  calendar  years  of  the  lease 
next  preceding  the  Contractor's  demand  for  renewal,  and  that 
the  amount  of  such  rental,  subject  to  such  minimum  limit, 
shall  be  agreed  upon  between  the  Board  and  the  Contractor 
or  its  assignee  or,  if  they  shall  not  agree,  then  the  amount  of 
such  rental  shall,  subject  to  such  minimum,  be  fixed  by  ar- 
bitration or,  if  either  party  shall  object  to  arbitration  or,  if 
the  terms  of  procedure  shall  not  be  agreed  on  or  if  the  arbitra- 
tion shall  fail,  then  by  an  appropriate  suit  or  proceeding  in 
the  Supreme  Court  of  this  State. 


124 


Chapter  III. — The  Lease 

In  witness  whereof  this  contract  has  been  executed 
for  the  CITY  OF  NEW  YORK  by  its  BOARD  OF  RAPID  TRANSIT 
RAILROAD  COMMISSIONERS  under  and  by  a  resolution  duly 
adopted  by  the  said  Board,  and  the  seal  of  said  BOARD  has  been 
hereto  affixed  and  these  presents  signed  by  the  President  and 
Secretary  of  the  said  BOARD  ;  and  the  CONTRACTOR  has  hereto  set 
his  hand  and  seal  the  day  and  year  first  above  written. 

THE  BOARD  OF  RAPID  TRANSIT  RAIL- 
ROAD COMMISSIONERS, 

by  A.  E.  ORR, 
[SEAL.]  PRESIDENT. 

ATTEST  : 

BION  L.  BURROWS, 

SECRETARY. 
JNO.  H.  STARIN, 
WOOBURY  LANGDON, 
G.  L.  RIVES, 

CHAS.  STEWART  SMITH, 
MORRIS  K.  JESUP, 
ROBT.  A.  VAN  WYCK, 

MAYOR  OF  THE  CITY  OF  NEW 

YORK. 
BIRD  S.  COLER, 

COMPTROLLER  OF  THE  CITY  OF 

YORK. 
[SEAL.]  JOHN  B.  McDONALD. 

STATE  OF  NEW  YORK,  ) 

^- 

COUNTY'  OF  NEW  YORK,  j 

On  this  24th  day  of  February,  1900,  at  the  said  city,  before 
me  personally  appeared  Alexander  E.  Orr  and  Bion  L.  Bur- 
rows, to  me  known  and  known  to  me  to  be,  the  said  Alexander 
E.  Orr,  the  President,  and  the  said  Bion  L.  Burrows,  the  sec- 
retary of  the  Board  of  Rapid  Transit  Railroad  Commissioners 
of  the  City  of  New  York ;  and  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose  and 
say,  each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in 

125 


Chapter  III.— The  Lease 

the  said  City,  that  he  was  the  president  of  the  said  Board  and 
that  he  subscribed  his  name  to  the  foregoing  contract  by 
virtue  of  the  authority  thereof;  and  the  said  Bion  L.  Burrows 
that  he  resided  in  the  Borough  of  Brooklyn,  in  the  said  City 
of  New  York,  that  he  was  the  secretary  of  the  said  Board,  and 
that  he  subscribed  his  name  thereto  by  like  authority;  and 
both  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows  that 
they  knew  the  seal  of  the  said  Board  and  that  the  same  was 
affixed  to  the  foregoing  instrument  by  the  authority  of  the 
said  Board  and  of  a  resolution  duly  adopted  by  the  same. 

And  on  the  same  day,  at  the  said  county,  before  me  duly 
appeared  John  B.  McDonald,  to  me  known  and  known  to  me 
to  be  the  person  and  Contractor  named  in  and  who  executed 
thte  foregoing  contract,  and  '.acknowledged  to  me  that  he 
executed  the  same. 

A.  W.  ANDREWS  (36), 

:  Notarial  :  Notary  Public, 

:     Seal.     :  N.  Y.  Co 


126 


Invitation  to  Contractors 


Invitation  to  Contractors. 

OFFICE  OF  THE  BOARD  OF  RAPID  TRANSIT] 
RAILROAD    COMMISSIONERS    OF   THE 
CITY  OF  NEW  YORK, 

No.  320  Broadway,  New  York  City.  ,  1899. 

The  City  of  New  York  (hereinafter  called  the  City),  acting 
by  its  Board  of  Rapid  Transit  Railroad  Commissioners,  pro- 
poses to  build  a  rapid  transit  railroad  in  the  City  of  New  York. 
By  this  advertisement  the  Board  invites  proposals  to  construct 
the  railroad,  to  equip  the  same,  to  put  the  same  into  operation 
and  thereafter  to  use  and  operate  the  same  upon  a  lease  thereof 
from  the  City  for  the  term  of  fifty  (50)  years  with  a  right  to 
a  renewal  of  the  lease  for  a  further  term  of  twenty-five  (25) 
years,  all  upon  the  terms  and  conditions  set  forth  in  the  draft 
of  Contract  hereinafter  referred  to. 

Payments  to  the  Contractor  will  be  made  for  construction 
as  the  work  proceeds  as  provided  in  the  form  of  contract. 

The  annual  rental  to  be  paid  by  the  Contractor  under  such 
lease,  after  completion,  will,  except  as  provided  in  the  contract 
amount  to  the  interest  paid  by  the  City  on  its  bonds  for  cost 
of  construction  (including  interest  during  construction,  but 
excluding  bonds  issued  to  pay  for  easements  and  the  like),  and 
in  addition  one  (i)  per  cent,  on  such  cost  of  construction  with 
provision  for  contingent  abatement  or  reduction  of  such  one 
(i)  per  cent,  during  the  first  ten  (10)  years  of  the  lease,  and, 
in  addition,  if  the  Proposal  of  the  Contractors  shall  so  state, 
in  years  when  the  gross  receipts  from  the  operation  of  the  road 
exceed  Five  million  dollars  ($5,000,000),  a  sum  equal  to  the 
percentage  of  such  excess  stated  in  such  Proposal. 

The  points  within  the  City  of  New  York  between  which  the 
said  road  is  to  run  and  the  route  or  routes  to  be  followed  are 
as  follows,  namely:  From  the  corner  of  Broadway  and  Park 
Row  under  Park  Row  to  Centre  street ;  under  Centre  street  to 
new  Elm  street;  under  new  Elm  street  to  Lafayette  Place;  to 
and  under  Fourth  avenue  and  Park  avenue  to  Forty-second 
street;  under  Forty-second  street  to  Broadway;  under  Broad- 
way to  Fifty-ninth  street :  under  Broadway  (formerly  the 
Boulevard)  to  One  hundred  and  twenty-fourth  street;  then 

127 


Invitation  to  Contractors 

by  viaduct  to  One  hundred  and  thirty-fourth  street;  under 
Broadway  and  Eleventh  avenue  to  a  point  about  1350  feet 
north  of  One  hundred  and  ninetieth  street ;  to  the  southeast 
end  of  Ellwood  street ;  over  Ellwood  street,  Kingsbridge  Road 
and  Riverdale  avenue  to  Kingsbridge  Station  of  the  New 
York  and  Putnam  Railroad,  together  with  a  loop  under  City 
Hall  Park  and  Broadway,  connecting  Centre  street  and  Park 
Row ;  and  a  Branch  as  follows :  Running  from  One  hundred 
and  third  street  to  and  under  One  hundred  and  fourth  street, 
crossing  Central  Park,  to  Lenox  avenue  and  One  hundred  and 
tenth  street;  under  Lenox  avenue  to  One  hundred  and  forty- 
second  street;  easterly  to  and  under  the  Harlem  River,  to 
and  under  One  hundred  and  forty-ninth  street  to  Third  ave- 
nue; to  and  under  and  by  viaduct  along  Westchester  avenue 
to  Southern  Boulevard;  to  Boston  Road  and  Bronx  Park. 

The  general  method  of  construction  shall  be  such  as  to  pro- 
vide for  the  portion  of  the  route  on  the  loop  south  of  the  City 
Hall  and  for  the  portions  of  the  route  on  both  the  east  and 
the  west  side  lines  north  of  One  hundred  and  third  street,  two 
(2)  tracks,  and  for  the  portion  of  the  route  between  the  City 
Hall  loop  and  One  hundred  and  third  street,  four  (4)  tracks. 
These  tracks  shall  be  of  the  standard  gauge,  that  is  to  say,  of 
a  width  of  four  (4)  feet  eight  and  one-half  (8^2)  inches  be- 
tween the  rails.  The  roof  of  the  tunnel  shall  be  as  near  the 
surface  of  the  street  as  street  conditions  will  permit,  and  is 
to  have  a  height  of  not  less  than  thirteen  (13)  feet  in  the  clear 
and  with  a  maximum  width  in  the  clear,  except  as  influenced 
by  local  conditions,  of  fifty  (50)  feet  where  there  are  four 
(4)  tracks  and  twenty-five  (25)  feet  where  there  are  two  (2) 
tracks.  There  shall  also  be  suitable  stations,  turnouts,  switches 
and  cross-overs.  The  portion  of  the  route  underground  shall 
be  constructed  with  steel  girders,  with  brick  or  concrete 
arches  or  masonry  walls  and  arched  roof.  The  viaduct 
portions  shall  be  of  steel  and  masonry.  The  manner  of 
construction  of  the  portions  underground  shall  be  by  tunneling 
or  open  excavation. 

The  Railroad  is,  for  the  purposes  of  the  contract,  divided 
into  four  sections :  Section  I,  including  the  part  from  the 
southern  terminus  at  the  City  Hall  to  59th  street;  Section  II, 
including  (a)  the  part  on  the  west  side  from  59th  street  to 

128 


Invitation  to  Contractors 

I37th  street,  and  (b)  the  part  on  the  east  side  beginning-  with 
the  branch  at  io3d  street  and  the  Boulevard,  and  extending  to 
I35th  street  and  Lenox  avenue;  Section  III,  including  (a)  the 
part  on  the  west  side  from  I37th  street  to  Fort  George,  and 
(b)  the  part  on  the  east  side  from  I35th  street  to  Melrose 
avenue ;  and  Section  IV,  including  (a)  the  part  on  the  west 
side  north  of  Fort  George,  and  (b)  the  part  on  the  east  side 
north  of  Melrose  avenue.  The  City  expects  that  the  entire 
Railroad,  that  is  to  say,  all  of  such  four  (4)  sections,  will  be 
constructed  and  operated.  But  the  City  desires  to  restrict 
its  entire  pecuniary  liability  for  rapid  transit  at  any  one  time 
within  the  limits  deemed  consistent  with  its  other  obligations 
and  interests.  The  Railroad  is,  therefore,  to  be  constructed 
and  equipped  in  sections.  The  Contractor  shall  begin  with 
Section  I.  If  and  when,  within  one  (i)  year  after  the  com- 
mencement of  work  on  Section  I  the  City  shall  so  elect,  the 
Contractor  shall  construct  Section  II.  If  and  when,  after  the 
commencement  of  Section  II,  and  within  two  (2)  years  from 
the  commencement  of  Section  I,  the  City  shall  so  elect,  the 
Contractor  shall  construct  Section  III.  If  and  when  after  the 
commencement  of  Section  III  and  within  three  (3)  years  after 
the  commencement  of  Section  I  the  City  shall  so  elect,  the 
Contractor  shall  construct  Section  IV.  The  Railroad  shall,  so 
far  as  concerns  the  rights  and  obligations  of  the  parties  under 
the  contract,  be  deemed  to  include  only  Section  I,  and  in  addi- 
tion the  other  of  Sections  II,  III  and  IV,  which  the  City  shall 
determine  to  construct  within  the  limits  of  time  aforesaid. 

The  term  of  years  for  which  the  contract  is  proposed  to  be 
made  extends  for  fifty  (50)  years  after  the  completion  of  the 
road  and  its  readiness  for  operation  as  declared  by  the  Board, 
with  an  option  to  the  Contractor  to  extend  the  leasfe  far 
twenty-five  (25)  years  at  a  rental  to  be  fixed  as  in  the  contract 
provided,  but  not  less  than  the  average  rental  for  the  last  ten 
(10)  calendar  years  before  the  Contractor's  demand  for  re- 
newal. 

Other  requirements,  provisions,  details  and  specifications 
are  stated  in  the  printed  form  of  contract  now  on  file  at  the 
office  of  the  Chief  Engineer  of  the  Rapid  Transit  Board,  No. 
22  William  Street,  New  York  City,  where  copies  of  the  same 

129 


Invitation  to  Contractors 

and  of  the  forms  of  bonds  and  contractor's  proposal  may  be 
had.  Such  printed  form  of  contract  is  to  be  deemed  part  of 
this  Invitation. 

Sealed  bids  or  proposals  for  the  construction  and  leasing  of 
such  rapid  transit  road  endorsed :  "Proposals  for  constructing 
"and  leasing  Rapid  Transit  Railroad"  with  the  name  of  the 
person  or  persons,  corporation  or  corporations  making  the 
same  will  be  received  at  the  said  office  of  the  Board  at  No.  320 
Broadway,  Borough  of  Manhattan,  New  York  City,  until  the 
1 5th  day  of  January,  1900,  at  12  o'clock  noon,  at  which  time 
or  at  a  later  date  to  be  fixed  by  the  Board,  the  proposals  will 
be  publicly  opened  at  the  said  office  and  the  award  of  the 
contract,  if  awarded,  will  thereafter  and  within  thirty  (30) 
days  after  the  opening  of  the  bids  be  made  by  the  Board  to 
the  person  or  persons,  corporation  or  corporations,  if  any, 
whose  proposal  shall,  in  its  opinion,  be  for  the  best  interest 
of  the  City.  The  bidder  or  bidders  whose  proposal  shall  be 
accepted  shall  in  person  or  by  duly  authorized  representative 
attend  at  the  said  office  of  the  Board  within  ten  (10)  days 
after  the  notice  of  a  delivery  by  the  Board  and  deliver  a  con- 
tract in  the  form  referred  to  duly  executed. 

At  the  time  of  the  delivery  of  the  contract  the  Contractor 
shall  give  security  as  follows : 

(1)  By  deposit  of  One  million  dollars   ($1,000,000)  in  cash 
or  in  securities  of  the  character  of  securities  in  which  savings 
banks  of  this  State  may  invest  their  funds  and  which  securities 
shall  be  approved  by  the  Board.     Such  One  million  dollars 
($1,000,000)  shall  be  security  for  construction. 

(2)  By  a  continuing  bond  in  the  penalty  of  One   million 
dollars    ($1,000,000)    to   secure   construction,   operation,    pay- 
ment of  rental  and  all  other  obligations  of  the,  Contractor. 

(3)  By    a  bond    in  the    penalty    of    Five  million    dollars 
($5,000,000)  to  secure  construction  and  equipment. 

The  forms  of  the  bonds  are  prescribed  in  the  Contract. 

In  case  of  failure  or  neglect  so  to  execute  and  deliver  the 
contract  and  required  bonds  and  make  the  required  deposit, 
such  bidder  or  bidders  will,  at  the  option  of  the  Board,  be 
deemed  either  to  have  made  the  contract  or  to  have  abandoned 
the  contract. 

.       130 


Invitation  to  Contractors 

In  the  latter  case  the  Board  shall  give  notice  thereof  to  the 
bidder  or  bidders.  And  the  Board  may  thereupon  proceed  to 
make  another  contract  with  such,  if  any,  of  the  original  bid- 
ders, as,  in  the  opinion  of  the  Board,  it  will  be  to  the  best 
interest  of  the  City  to  contract  with,  or  may  by  new  advertise- 
ment as  originally  made,  invite  further  proposals.  The  de- 
faulting bidder  or  bidders  shall  thereupon  be  liable  to  the  City 
for  all  loss  and  damage  by  it  sustained,  including  the  excess,  if 
any,  of  the  amount  it  shall  pay  any  other  contractor  over  the 
amount  of  the  bid  of  such  defaulting  bidder  or  bidders,  and 
without  abatement  by  reason  of  any  increase  of  Rental  which 
such  excess  may  produce  to  the  City,  which  damages  are 
hereby  liquidated  at  One  hundred  and  fifty  thousand  dollars 
($150,000). 

Bidders  shall  specify  separately  the  amount  of  the  bid  in 
each  of  the  following  four  cases:  (i)  When  the  Railroad  shall 
consist  only  of  Section  I ;  (2)  When  the  Railroad  shall  consist 
of  Sections  I  and  II ;  (3)  When  the  Railroad  shall  consist  of 
Sections  I,  II  and  III;  and  (4)  When  the  Railroad  shall  consist 
of  Sections  I,  II,  III,  and  IV. 

Bidders  shall  specify  in  their  proposals  the  estimate  of  the 
cost  of  the  equipment  of  the  railroad  upon  which  the  proposal 
is  based.  The  equipment  includes  all  motors,  cars,  whether 
used  for  passengers,  freight,  express  or  any  other  purpose,  and 
all  other  rolling  stock,  all  boilers,  engines,  wires,  ways,  con- 
duits, mechanisms,  machinery,  power-houses,  all  real  estate 
upon  which  any  such  power-houses  shall  stand  or  which  shall 
be  necessary  for  the  generation  or  transmission  of  motive 
power,  and  all  tools,  implements  and  devices  of  every  nature 
whatsoever  used  for  such  generation  or  transmission  of  motive 
power,  and  also  all  apparatus  and  devices  for  lighting,  signal- 
ling and  ventilation. 

Work  must  be  begun  under  the  contract  within  thirty  days 
after  it  shall  be  executed  and  delivered. 

Each  proposal  shall  be  enclosed  in  a  sealed  envelope  and 
delivered  to  the  Board  or  to  its  secretary ;  and  in  the  presence 
of  the  person  offering  the  proposal  it  shall  be  deposited  in  a 
sealed  box  in  which  all  proposals  shall  be  deposited.  No  pro- 
posal will  be  received  or  deposited  unless  accompanied  by  a 
certified  check  drawn  upon  a  national  or  state  bank 


Invitation  to  Contractors 

within  the  City  of  New  York,  payable  to  the  order 
of  the  Comptroller  of  the  City  of  New  York  for  the 
sum  of  One  Hundred  and  fifty  thousand  dollars  ($150,- 
ooo).  If  the  Board  shall,  by  notice  to  any  bidder, 
accept  his  or  its  proposal  and  if  the  bidder  shall  fail  within 
ten  (10)  days  thereafter  or  within  such  further  period,  if  any, 
as  may  be  prescribed  by  the  Board,  to  duly  execute  and  deliver 
the  contract  and  the  two  bonds  with  sureties  and  make  the 
deposit  of  One  million  dollars  ($1,000,000),  then  this  Invita- 
tion to  Contractors  and  the  proposal  accepted  as  aforesaid  shall 
be  a  contract  binding  the  bidder  to  pay  to  the  City  the  dam- 
ages by  it  sustained  by  reason  of  such  failure,  and  in  such  case 
the  bidder  hereby  absolutely  assigns  to  the  City  the  ownership 
of  such  One  hundred  and  fifty  thousand  dollars  ($150,000)  in 
payment  of  such  damages.  Such  check  must  not  be  enclosed 
in  the  sealed  envelope  containing  the  proposal,  but  must  be 
separately  delivered  to  the  Board  or  to  its  secretary,  who  will 
give  a  proper  voucher  for  the  deposit.  All  such  deposits  made 
by  bidders  whose  proposals  shall  not  be  accepted  by  the  Board 
will  be  returned  to  the  person  or  persons  making  the  same 
within  five  (5)  days  after  the  contract  shall  be  executed  and 
delivered.  The  deposit  of  the  successful  bidder  shall  be  re- 
turned when  the  contract  is  executed  and  its  provisions  as  to 
security  complied  with  by  him. 

The  price  stated  for  construction  shall  include  the  furnishing 
of  all  materials  and  the  performance  of  all  labor  requisite  to 
the  complete  construction  and  equipment  of  the  proposed 
Rapid  Transit  Railroad,  including  all  sewer  and  street  con- 
struction and  reconstruction  and  other  work  caused  by  or  in- 
cidental to  the  construction  of  the  railway  as  set  out  in  the 
proposed  form  of  contract  and  specifications.  The  equipment 
when  completely  delivered  shall,  however,  be  the  property  of 
the  Contractor,  but  subject  to  a  lien  of  the  City  to  secure  per- 
formance by  the  Contractor  of  its  obligations  under  the  con- 
tract, including  payment  of  rental  under  the  lease  during  its 
entire  term. 

Proposals  shall  be  in  the  form  prescribed  by  the  Board, 
copies  of  which  may  be  obtained  from  the  Chief  Engineer. 

The  Railroad  is  to  be  operated  by  the  Contractor  after  it  is 
completed  for  the  period  aforesaid,  and  the  Contractor  is  to 
pay  to  the  City  rental  therefor  as  prescribed  in  the  contract. 

132 


Imitation  to  Contractors 

Bidders  must  state  in  their  proposals  the  names  and  places 
of  business  of  their  proposed  sureties. 

Bidders  whose  proposals  are  otherwise  satisfactory  to  the 
Board  may  in  case  the  sureties  named  by  them  are  not  ap- 
proved by  the  Board,  substitute  in  their  proposals  the  names 
of  new  Sureties  approved  by  the  Board. 

Bidders  must  state  in  their  proposals  their  names,  places 
of  residence,  and  the  names  of  all  persons  interested  with  them 
in  the  proposal,  either  directly  or  indirectly ;  and,  if  the  bidder 
shall  be  a  corporation,  then  there  shall  be  submitted  a  certified 
copy  of  its  certificate  of  incorporation,  with  a  certificate  of  the 
amount  of  stock  paid  in  in  cash;  and  the  names  and  business 
addresses  of  all  officers  and  directors  of  the  corporation  shall 
be  stated.  No  bidders  shall  make  a  proposal  in  connection 
with  any  other  bidder;  and  the  proposal  shall  so  state  and  shall 
also  state  that  the  proposal  is  in  all  respects  fair  and  without 
collusion  or  fraud.  No  member  of  the  Board  or  of  the 
Municipal  Assembly  of  New  York  or  head  of  a  department, 
chief  of  a  bureau,  deputy  thereof,  clerk  therein,  or  any  officer 
or  employee  of  the  City  or  of  the  Board  shall  be  either  directly 
or  indirectly  or  actually  or  contingently  interested  in  the  pro- 
posal or  in  any  supplies  or  work  to  which  it  relates,  or  any 
portion  of  the  profits  thereof,  and  the  proposal  shall  so  state. 

No  proposal  will  be  allowed  to  be  withdrawn  for  any  reason 
whatever  after  it  shall  have  been  deposited  with  the  Board. 

The  Board  reserve  the  right  to  reject  the  proposal  of  any 
person  who  is  in  arrears  to  the  City  upon  any  bid  or  contract, 
or  who  is  in  default  as  surety  or  otherwise  in  any  obligation 
to  that  corporation. 

The  proposal  shall  be  signed  and  also  verified  by  an  affidavit 
of  the  bidder  (or  if  it  be  a  corporation  then  by  the  president 
thereof)  to  the  effect  that  the  several  matters  therein  stated 
are  in  all  respects  true. 

Each  bidder  shall  in  his  or  its  proposal  specify  an  office 
within  the  City  of  New  York  at  which  notices  may  be  de- 
livered ;  and  delivery  of  a  notice  at  such  office  shall  be  deemed 
a  sufficient  delivery  and  notice  to  such  bidder. 

133 


Invitation  to  Contractors  ' 

The  Board  may  reject  any  or  all  proposals  if  the  Board  shall 
deem  it  to  the  interest  of  the  City  so  to  do. 

THE  BOARD  OF  RAPID  TRANSIT  RAIL- 
ROAD COMMISSIONERS. 

By 

A.  E.  ORR, 

PRESIDENT. 

BION  L.  BURROWS, 

SECRETARY. 


Contractor's  Proposal 


Contractor's  Proposal. 

To  the  Board  of  Rapid  Transit  Railroad  Commissioners  of  the 
City  of  New  York: 

NOTE.     Sums  of  money  must  be  ivritten  in  words  and  also 
stated  in  figures. 

The  undersigned, 

do  hereby  in  pursuance  of 

the  Invitation  of  Contractors  made  by  your  Board,  a  copy  of 
which  is  hereto  annexed,  propose,  according  to  the  terms 
thereof  and  of  the  form  of  Contract  therein  referred  to,  to  fully 
construct  the  Rapid  Transit  Railroad  therein  mentioned  (and 
hereinafter  called  the  Railroad),  and  to  equip  the  same  com- 
pletely ready  for  immediate  and  continuous  operation,  for  the 
following  sum  or  sums  of  money :  If  the  Railroad  shall  consist 
only  of  Section  I,  then  for  the  sum  of 

Dollars   ($  )  ; 

or  if  it  shall  consist  only  of  Sections  I  and  II,  then  for  the 
sum  of 

Dollars  ($  )  ;  or  if  it  shall  consist  of  only  Sections 

I,  II  and  III,  then  for  the  sum  of 

Dollars  ($  ), 

or  if  it  shall  include  all  four  (4)  sections,  then  for  the  sum  of 

Dollars  ($  )  ;  and,  in  addition  to  the  foregoing,  the 

sum  of  One  million  dollars  ($1,000,000)  for  terminals;  and, 
further,  in  addition  to  the  foregoing,  a  sum  for  real  estate  as 
follows :  If  the  Railroad  shall  consist  only  of  Section  I,  the 
sum  of  One  hundred  and  seventy  thousand  dollars  ($170,000)  ; 
if  only  of  Sections  I  and  II,  the  sum  of  Three  hundred  and 
seventy  thousand  dollars  ($370,000)  ;  if  only  of  Sections  I,  II 
and  III,  the  sum  of  Four  hundred  and  sixty  thousand  dollars 
($460,000)  ;  and,  if  the  Railroad  include  all  four  (4)  sections, 
then  the  sum  of  Five  hundred  thousand  dollars  ($500,000), 
Provided,  however,  that  these  sums  are  subject  to  modification 
as  provided  in  the  said  form  of  contract,  and  to  be  paid  as 

135 


Contractor's  Proposal 

therein  provided.  And  the  undersigned  do  further  propose, 
according  to  the  terms  of  said  Invitation  and  Contract,  that 
after  the  Railroad  shall  have  been  declared  by  your  Board,  to 
be  ready  for  operation,  the  undersigned  shall  use  and  operate 
the  Railroad  upon  lease  from  the  City  of  New  York  (herein- 
after called  the  City),  for  fifty  (50)  years  after  such  declara- 
tion, and  to  pay  rental  therefor  as  provided  in  the  said  form 
of  contract,  Provided,  however,  [:;:that  the  percentage  of  gross 
receipts  above  Five  million  dollars  ($5,000,000)  to  be  included 
in  rental  shall  be per  cent.] 

[that  no  percentage  of  gross  receipts  shall  be  additionally 
included  in  rental.] 

The  undersigned  do  hereby  propose  to  make  a  contract 
with  the  City  in  the  form  referred  to  in  the  Invitation  to  Con- 
tractors and  hereto  annexed. 

The  undersigned  will  if  this  Proposal  shall  be  accepted, 
forthwith  execute  such  contract  with  the  City  (acting  by  your 
Board)  and  at  the  time  of  such  execution  will  deposit  pursuant 
and  subject  to  the  terms  thereof  f 


with  the  Comptroller  of  the  City  of  New  York,  and  will  also 
at  the  time  of  such  execution  deliver  to  the  Comptroller  the 
Continuing  Bond  for  One  million  dollars  ($I,OOO,QOO)  therein 
required  and  being  in  the  form  hereto  annexed  and  with  the 
following  sureties : 

And  also  the  Bond  for  Construction  and  Equipment  for 
Five  million  dollars  ($5,000,000)  therein  required  and  being  in 
the  form  hereto  annexed  and  with  the  following  sureties: 

Your  Board  may  cause  any  notice  intended  for  the  under- 
signed to  be  delivered  at  Room  No.  on 
the  floor  of  the  building  No. 


*  Only  one  of  the  forms  in  brackets  to  be  used. 

f  Here  insert  either  the  ivords  "  the  sum  of  One  million  dollars 
($1,000,000),"  or  the  words  "securities  of  which  a  schedule  is 
hereto  annexed  entitled  'Schedule  of  Securities,'  such  securities 
being  of  the  value  of  One  million  dollars  ($1.000,000)." 

136 


Contractor's  Proposal 

street  in  the  City  of  New  York.  Such  delivery  shall  be  suf- 
ficient notice  to  the  undersigned. 

At  the  time  of  delivering  this  proposal  to  the  secretary  of 
your  Board  the  undersigned  separately  delivers  to  the  secre- 
tary a  certified  check  drawn  upon  the  bank  of 

of  the  City  of  New  York  payable  to 

the  order  of  the  Comptroller  of  the  City  of  New  York  for  the 
sum  of  One  hundred  and  fifty  thousand  dollars  ($150,000).  If 
your  Board  shall  by  notice  to  the  undersigned  as  aforesaid 
accept  this  Contractor's  Proposal,  then,  if  the  undersigned 
shall  fail  within  ten  (10)  days  thereafter  or  within  such  longer 
period  as  may  be  prescribed  by  your  Board,  to  make  the  de- 
posit of  One  million  dollars  ($1,000,000)  aforesaid,  or  to  pro- 
cure the  two  (2)  bonds  or  the  contract  to  be  duly  executed 
and  delivered  as  aforesaid,  then  the  Invitation  to  Contractors 
and  this  Contractor's  Proposal  shall  constitute  a  contract  bind- 
ing the  undersigned  to  pay  to  the  City  the  damages  by  it  sus- 
tained by  reason  of  such  failure  of  the  undersigned,  as  pro- 
vided in  said  Invitation  to  Contractors.  And  the  undersigned 
hereby  assigns  to  the  City  the  said  sum  so  specially  deposited 
by  the  delivery  of  such  certified  check,  but  subject  to  the  con- 
dition that  if  this  Proposal  shall  not  be  accepted  or  if  it  shall 
be  accepted  and  the  undersigned  shall  within  ten  (10)  days 
after  notice  as  aforesaid  or  any  longer  period  prescribed  by 
your  Board,  execute  the  said  contract  and  make  the  said  de- 
posit of  One  million  dollars  ($1,000,000)  and  procure  the  said 
two  (2)  bonds  to  be  duly  executed  and  delivered,  then  such 
sum  so  specially  deposited  shall  be  returned  to  the  under- 
signed. 

A  notice  of  acceptance  of  this  Proposal  by  your  Board  ad- 
dressed to  the  undersigned  as  aforesaid  shall  forthwith,  at  the 
option  of  your  Board,  operate  as  against  the  undersigned  as  a 
complete  making  of  a  contract  according  to  the  form  thereof 
as  aforesaid,  with  the  blanks  therein  contained  filled  in  accord- 
ing to  this  Proposal. 

This  Proposal  is  based  in  part  on  an  estimate  of  the  cost  of 
the  equipment  of  the  Railroad  (as  defined  in  the  Invitation  to 

Contractors)  at  dollars  ($  ). 

137 


Contractor's  Proposal 

The  following  are  all  the  persons  interested  with  the  under- 
signed in  this  Proposal,  together  with  their  names  and  places 
of  residence : 


This  Proposal  is  made  without  any  connection  with  any  cor- 
poration or  person  making-  another  proposal  for  the  same  contract. 

This  Proposal  is  in  all  respects  fair  and  without  collusion  or 
fraud. 

No  member  of  your  Board  or  of  the  Municipal  Assembly,  or 
head  of  a  department,  or  deputy  thereof  or  clerk  therein,  or  any 
other  officer  of  the  City,  or  any  person  in  the  employ  of  your 
Board  is  directly  or  indirectly  interested  in  this  Proposal  or  in 
the  supplies  or  work  to  which  it  relates  or  in  any  portion,  direct 
or  indirect,  of  the  profits  or  other  proceeds  thereof. 

Dated  No.  STREET,  NEW  YORK  CITY. 

STATE  OF  NEW  YORK,      ) 

i  ^g  • 

CITY  AND  COUNTY  OF  NEW  YORK,^ 

being  duly  sworn,  says : 

I  am* 

the  proposing  contractor  above  named.     I  have  read  the  fore- 
going proposal.     The  same  is  in  all  respects  true. 

Sworn  to  before  me  this  ] 

day  of  1899.     \ 

*If  the  contractor  be  a  person,  here  say  "the  person;"  if  it  be 
a  firm,  here  say  "a  member  of  the  firm  of 

;"    if  it  be  a  corporation,  say   "the  President   (or 
treasurer)  of  the  Company." 

NOTICE:     To  this  Proposal  must  be  annexed: 

1.  Copy  of  Invitation  to  Contractors. 

2.  Copy  of  Proposed  Contract. 

3.  Schedule  of  Securities,  if  securities  be  deposited  for 
the  $1,000,000  in  lieu  of  cash. 

4.  Form  of  Continuing  Bond,  with  blanks   completely 
filled. 

5.  Form  of  Bond  for  Construction  and  Equipment  with 
blanks  completely  filled. 

138 


Routes  and  General  Plan 

Copy  of  the  Routes  and  General  Plan. 

Routes. 

One  route  as  follows :  Its  centre  line  shall  commence  at  a 
point  at  or  near  the  intersection  of  Broadway  with  Park  Row ; 
thence  under  Park  Row  and  Centre  Street  to  a  point  at  or  near 
its  intersection  with  New  Elm  Street  as  proposed ;  thence  under 
Xe\v  Elm  Street,  as  proposed,  to  Lafayette  Place ;  thence  under 
Lafayette  Place  to  Eighth  Street ;  thence  across  and  under  Eighth 
Street,  and  thence  under  private  propertly  lying  between  Eighth 
and  Ninth  Streets  and  east  of  the  westerly  side  or  line  of  Lafay- 
ette Place,  produced,  to  Fourth  Avenue;  thence  under  Fourth 
Avenue  and  Park  Avenue  into  Forty-second  Street;  thence 
turning  from  Park  Avenue  into  Forty-second  street,  and  taking 
for  the  purposes  of  the  curve,  if  necessary  or  convenient,  private 
property  at  the  southwest  corner  of  Park  Avenue  and  Forty- 
second  Street ;  thence  under  Forty-second  Streef  to  Broadway ; 
thence  under  Broadway  to  Fifty-ninth  Street;  thence 
under  the  Boulevard  to  a  point  at  or  near  One  Hundred 
and  Twenty- fourth  Street;  thence  by  viaduct  along  and  over 
the  Boulevard  to  a  point  at  or  near  One  Hundred  and  Thirty- 
fourth  Street;  thence  under  the  Boulevard  and  Eleventh  Avenue 
to  a  point  on  Eleventh  Avenue,  situate  north  of  One  Hundred  and 
Ninetieth  Street,  and  distant  therefrom  not  less  than  one  thousand 
and  not  more  than  one  thousand  five  hundred  feet,  and  thence 
under  or  over  (as  may  be  most  convenient)  private  property  to  a 
point  at  the  southeast  end  of  Ellwood  Street  near  Hillside  Street, 
and  thence  over  Ellwood  Street  to  Kingsbridge  Avenue  or  Broad- 
way ;  thence  over  Kingsbridge  Avenue  or  Broadway,  as 
now  proposed,  to  Riverdale  Avenue,  and  thence  easterly 
over  Riverdale  Avenue  to  a  point  within  five  hundred  feet  of  the 
present  Kingsbridge  station  of  the  New  York  and  Putnam  Rail- 
road Company. 

This  route  shall  include  a  loop  at  the  City  Hall  Park  which 
*hall  connect  with  the  portion  of  the  route  aforesaid  along  Centre 
Street  at  or  near  the  south  end  of  that  street,  and  thence  proceed 
westerly  and  southerly  under  City  Hall  Park  and  Broadway,  and 
"  thence  easterly  to  again  connect  with  the  portion  of  the  route 
aforesaid  in  Park  Row.  All  of  the  said  loop  shall  lie  under  City 

139 


Routes  and  General  Plan 

Hall  Park,  Park  Row,  between  the  south  end  of  Centre  Street 
and  Ann  Street,  and  the  portion  of  Broadway  adjoining  the  City 
Hall  Park  lying  between  Vesey  and  Murray  Streets.  This  route 
shall  also  include  suitable  tracks  and  connection  from  the  City 
Hall  loop  to  the  Postoffice,  such  tracks  and  connections  being 
under  the  City  Hall  Park  and  under  the  portion  of  Park  Row 
between  the  south  end  of  Centre  Street  and  Ann  Street.  This 
route  shall  also  include  suitable  tracks  and  connections  from  the 
portion  of  the  route  near  the  corner  of  Park  Avenue  and  Forty- 
second  Street  to  the  yard  and  tracks  of  the  Grand  Central  Sta- 
tion. All  of  the  tracks  and  connections  last  mentioned  shall  be 
under  Park  Avenue  and  Forty-second  Street  and  private  prop- 
erty to  be  acquired.  By  private  property  in  this  description  is 
meant  property  not  forming  part  of  the  streets  of  the  City  of  New 
York  and  not  belonging  to  the  City  of  New  York. 

Also  a  route  as  follows :  Its  centre  line  shall  diverge  from  the 
route  aforesaid  on  the  Boulevard,  between  a  line  parallel  to  and 
one  hundred  fe£t  north  of  One  Hundred  and  Third  Street  and  a 
line  parallel  to  and  one  hundred  feet  south  of  One  Hundred  and 
Third  Street;  thence  under  private  property  to  a  point  in  One 
Hundred  and  Fourth  Street;  thence  under  One  Hundred  and 
Fourth  Street  to  and  across  Central  Park,  West ;  thence  under 
Central  Park  to  the  intersection  of  Lenox  Avenue  and  One  Hun- 
dred and  Tenth  Street ;  thence  under  Lenox  Avenue  to  a  point 
near  One  Hundred  and  Forty-second  Street ;  thence  curving  to 
the  east  and  passing  under  private  property,  One  Hundred  and 
Forty-third  and  One  Hundred  and  Forty-fourth  Streets,  to  the 
Harlem  River  at  or  near  the  foot  of  One  Hundred  and  Forty-fifth 
Street;  thence  under  the  Harlem  River  and  private  property  to 
East  One  Hundred  and  Forty-ninth  Street  at  or  near  its  intersec- 
tion with  River  Avenue ;  thence  under  East  One  Hundred  and 
Forty-ninth  Street  to  a  point  near  its  intersection  with  Third 
Avenue ;  thence  with  a  curve  to  the  left  and  under  Third  Avenue 
to  a  point  near  its  intersection  with  Westchester  Avenue ;  thence 
with  a  curve  to  the  right  to  and  under  Westchester  Avenue,  and 
thence  by  viaduct  over  and  along  Wetschester  Avenue  to  the 
Southern  Boulevard ;  thence  over  and  along  the  Southern  Boule- 
vard to  the  Boston  Road,  and  thence  over  and  along  the  Boston 
Road  to  Bronx  Park. 


140 


Routes  and  General  Plan 

Plan  of  Construction. 

The  General  Plan  of  Construction  of  the  road  is  as  follows : 

For  the  route  under  Park  Row  and  the  said  loop  at  City  Hall 
Park,  two  parallel  tracks ;  for  the  route  from  the  point  of  connec- 
tion of  the  City  Hall  loop  with  the  route  aforesaid  at  the  southerly 
end  of  Centre  Street  to  the  junction  at  or  near  One  Hundred  and 
Third  Street  and  the  Boulevard,  four  parallel  tracks;  for  the 
route  from  the  junction  at  or  near  One  Hundred  and  Third  Street 
and  the  Boulevard  to  the  New  York  and  Putnam  Railroad  Com- 
pany's station  at  Kingsbridge,  two  parallel  tracks;  for  the  route 
from  the  junction  at  or  near  One  Hundred  and  Third  Street  and 
the  Boulevard  to  Bronx  Park,  two  parallel  tracks. 

All  of  the  above  mentioned  tracks  shall  be  placed  on  the  same 
level,  except  that  wherever  required  by  special  necessities  of  sur- 
face or  sub-surface  structures  or  other  special  or  local  necessities 
and  for  the  purpose  of  avoiding  grade  crossings  at  the  southerly 
end  of  Centre  Street  and  the  One  Hundred  and  Third  Street 
junction,  any  one  or  more  of  the  tracks  may  be  depressed  below 
the  level  of  the  other  tracks  to  a  depth  of  not  more  than  twenty 
feet. 

The  tracks  shall  be  of  standard  gauge,  that  is  to  say,  of  a  width 
of  four  feet  and  eight  and  a  half  inches  between  the  rails.  There 
shall  be  twelve  and  a  half  feet  width  in  the  tunnels  and  on  the 
viaducts  for  each  track,  except  that  at  stations,  switches,  turnouts, 
curves  and  crossovers  the  width  may  be  increased  to  the  extent 
permitted  by  the  width  of  tiro  tunnel.  The  tracks  wherever  pass- 
ing over  or  under  the  street  shall  be  placed  over  or  under  the  cen- 
tral part  of  the  street,  except  that  no  tunnel  or  viaduct  or  any 
wall  or  part  thereof  under  or  along  a  street,  shall,  except  at  the 
stations,  station  approaches,  curves  and  at  places  of  access  to  sub- 
surface structures,  as  hereinafter  provided,  be  within  a  distance 
of  five  feet  of  the  exterior  line  or  side  of  the  street.  The  tracks 
shall  in  all  cases  be  placed  in  tunnels,  except  only  that  on  the  west 
side  route -on  the  Boulevard  at  or  near  One  Hundred  and  Twenty- 
fourth  Street  the  tracks  shall  emerge  from  the  tunnel  and  be 
carried  upon  a  viaduct  along  the  Boulevard  to  a  point  at  or  near 
One  Hundred  and  Thirty-fourth  Street  and  there  be  taken  again 
into  the  tunnel,  and  except  also  that  on  the  west  side  route  at  a 
point  at  or  near  One  Hundred  and  Ninetieth  Street  the  tracks 
shall  again  emerge  from  the  tunnel  and  be  carried  upon  a  viaduct 

141 


Routes  and  General  Plan 

over  private  property  and  the  above-mentioned  streets  to  the 
Kingsbridge  station,  and  except  also  that  on  the  east  side  from 
a  point  on  Westchester  Avenue  at  or  near  Bergen  Avenue  the 
tracks  shall  emerge  from  the  tunnel  and  be  carried  upon  a  viaduct 
over  and  along  Westchester  Avenue  and  the  other  streets  above 
mentioned  to  Bronx  Park. 

Wherever  the  tracks  change  from  tunnel  to  viaduct,  or  from 
viaduct  to  tunnel,  the  change  shall  be  so  made  as  to  occupy  or 
obstruct  the  use  of  the  surface  of  the  street  to  the  least  possible  ex- 
tent consistent  with  the  proper  gradient  for  the  tracks. 

The  roof  of  the  tunnel  shall  be  as  near  the  surface  of  the  street 
as  street  conditions  and  grades  will  permit.  The  tunnel  shall  not 
be  less  than  thirteen  feet  in  height  in  the  clear.  The  maximum 
widths  of  the  tunnel  in  the  clear  shall  be  as  follows : 

For  the  route  under  Park  Row  and  the  City  Hall  Park  loop, 
thirty-eight  feet;  for  the  route  from  at  or  near  the  south  end  of 
Centre  Street  and  to  the  commencement  of  New  Elm  Street,  fifty 
feet;  for  the  route  from,  at  or  near  the  commencement  of  New 
Elm  Street  to  Lafayette  Place,  sixty-eight  feet;  for  the  route 
from,  at  or  near  the  commencement  of  Lafayette  Place  to  the 
junction  at  or  near  One  Hundred  and  Third  Street,  fifty  feet;  for 
the  west  side  route  from  the  junction  at  or  near  One  Hundred  and 
Third  Street  to  Kingsbridge  station,  twenty-five  feet ;  and  for  the 
east  side  route  from,  at  or  near  the  junction  at  One  Hundred  and 
Third  Street  to  Bronx  Park,  twenty-five  feet;  except  that  wher- 
ever the  nature  of  the  streets  necessitates  a  curve  that  an  addi- 
tional width  of  tunnel  may  be  added  not  exceeding  three  feet  for 
each  track,  and  except  that  on  Fourth  Avenue,  from  Thirty- 
second  Street  to  Forty-third  Street,  the  permissible  width  shall 
be  sixty-five  feet ;  and  for  the  tunnel  beneath  the  Harlem  River 
and  its  approaches,  the  permissible  width  shall  be  thirty-five  feet. 
At  each  cross  street  where  accommodations  for  pipes,  wires, 
sewers  and  other  sub-surface  structures  have  been  provided  within 
the  tunnel,  the  tunnel  may,  in  order  to  provide  convenient  access 
to  such  pipes,  wires,  sewers  and  other  sub-surface  structures, 
have,  within  the  limit  of  the  sides  or  exterior  lines  of  such  cross 
street  o'r  such  lines  produced,  an  additional  width  on  each  side  of 
the  route  not  to  exceed  fifteen  feet,  and  the  area  of  additional 
width  on  either  sMe  not  to  approach  nearer  than  twelve  feet  to 
either  side  or  exterior  line  of  such  cross  street.  Footways  be- 

142 


tween  the  tracks  shall  be  provided  the  whole  length  of  the  line  and 
accommodations  arranged  for  the  convenience  and  protection  of 
employees. 

Whenever  necessary  for  the  proper  support  of  the  street  surface 
the  roof  of  the  tunnel  shall  be  of  iron  or  steel  girders  with  brick 
or  concrete  arches  supported  by  iron  or  steel  columns  and  masonry 
walls,  or  the  roof  shall  be  a  masonry  arch.  Viaducts  shall  be  built 
with  a  width  of  twelve  and  one-half  feet  for  each  track  and  with 
an  additional  width  of  three  feet  on  each  side  for  outside  foot- 
ways. Viaducts  may  be  built  of  metal  or  masonry,  or  of  both. 

Adjacent  tracks  shall  be  connected  by  necessary  and  suitable 
switches  and  connections,  and  an  additional  track  for  siding  ac- 
commodation may  be  constructed  not  to  exceed  in  length  one- 
quarter  of  a  mile  for  each  mile  of  roadway,  but  provided  always 
that  the  side  of  the  tunnel  shall  not,  by  the  enlargement  of  the  tun- 
nel for  that  purpose,  be  brought  within  five  feet  of  the  exterior 
line  or  side  of  the  street. 

Along  Elm  Street,  wherever  the  tunnel  shall  be  in  the  clear  not 
less  than  sixty-eight  feet  wide,  the  pipes,  wires,  sewers  and  other 
sub-surface  structures  shall  be  placed  in  suitable  galleries  in  the 
tunnel  at  the  outside  of  the  exterior  tracks.  But  any  such  pipes, 
wires,  sewers  and  other  sub-surface  structures  may  be  placed  in 
suitable  galleries  beneath  the  tracks,  or  such  pipes,  wires,  sewers 
and  other  sub-surface  structures  may  be  placed  in  the  ground 
above  or  at  the  sides  of  the  tunnel,  or  at  the  outside  of  the  ex- 
terior tracks,  and  whenever  so  placed  beneath  the  tracks,  or  in 
the  ground  above  or  at  the  sides  of  the  tunnel,  the  width  of  the 
tunnel  on  New  Elm  Street  shall  not  be  more  than  fifty  feet. 
Pipes,  wires,  sewers  and  other  sub-surface  structures  shall,  at  any 
part  of  the  said  routes,  be  removed  or  disturbed  only  when  neces- 
sary for  the  construction  and  operation  of  the  railway,  and,  if 
removed  or  disturbed,  shall  be  placed  under  the  streets  in  such 
manner  and  in  such  location  that  the  use  and  service  thereof  shall 
not  be  impaired.  Such  pipes,  wires,  sewers  and  other  sub-surface 
structures  shall  be  left  or  shall  be  so  arranged  as  to  give  free 
access  for  their  repair  or  alteration,  or  for  the  placing  with  them 
of  new  pipes,  wires,  sewers  and  other  like  structures,  and  for 
making  connections  between  the  same  and  buildings  at  any  time. 

Stations  and  station  approaches  shall,  in  general,  be  at  the 
intersection  of  streets  and  shall  be  built  under,  or,  if  the  position 


Schedule  of  Securities 

of  the  tracks  so  require,  over,  the  streets  and  immediately  adjoin- 
ing private  abutting  property,  or  through  private  property  to  be 
acquired  for  the  purpose,  or  both  under  or  over  streets  and 
through  private  property  as  aforesaid,  except  that  on  the  Boule- 
vard, stations  and  station  approaches  may  be  in  the  centre  of  the 
street.  The  streets  under  or  over  which  stations  or  station  ap- 
proaches shall  be  built  may  include  cross  streets,  but  no  part  of 
any  cross  street  shall  be  used  for  a  station  or  station  approach 
at  a  distance  greater  than  seventy-five  feet  from  the  exterior  line 
or  side  of  the  street  of  the  route.  The  word  "street,"  wherever 
used  herein,  shall  include  an  avenue  or  public  place. 

Along  the  Boulevard  there  may  be  openings  in  the  surface  of 
the  street  from  the  tunnel  for  the  purpose  of  ventilation  and  light ; 
such  openings  shall  be  guarded  by  convenient  and  ornamental  in- 
closures.  The  openings  shall  not  exceed  twenty  feet  in  width  and 
fifty  feet  in  length.  No  two  openings  shall  be  within  fifty  feet  of 
each  other.  No  opening  or  part  thereof  shall  be  within  the  limits 
of,  or  opposite  to,  any  street  interesecting  the  Boulevard;  and 
within  the  distance  of  any  one  block  on  the  Boulevard  between 
any  two  adjacent  crossing  streets  there  shall  not  be  more  than  two 
such  openings. 

The  general  mode  of  operation  shall  be  by  electricity  or  some 
other  power  not  requiring  combustion  within  the  tunnels  or  on 
the  viaducts,  and  the  motors  shall  be  capable  of  moving  trains  at 
a  speed  of  not  less  than  forty  miles  per  hour  for  long  distances, 
exclusive  of  stops. 

The  manner  of  construction  shall  be  by  tunnelling  or  open 
excavation. 

Schedule  of  Securities. 

This  schedule  gives  a  full  description  of  the  securities  or  the 
securities  and  cash  of  the  value  of  one  million  dollars  ($1,000,- 
ooo)  which  the  Contractor  deposits  pursuant  to  the  foregoing 
Contract.  If  the  deposit  be  made  in  cash  it  is  made  by  a  certified 
check  or  certified  checks  to  the  order  of  the  Comptroller  of  the 
City  of  New  York,  drawn  upon  one  or  more  national  or  state 
banks  in  the  City  of  New  York.  If  the  deposit  be  made  in  whole 
or  in  part  by  securities,  the  securities  are  payable  to,  or  run  in 
favor  of,  or  are  transferred  to,  the  Comptroller  of  the  City  of 
New  York.  In  case  of  bonds  the  numbers  are  given.  Tn  case 
of  shares  of  stock  or  debentures  the  dates  and  numbers  of  the 
certificate  are  given. 

144 


Bond  for  Construction  and  Equipment 
Bond  for  Construction  and  Equipment. 

Know    all    men    by    these    presents,    That 

of 

hereinafter  called  the  Contractor,  and 

and 

hereinafter  called  the  Sureties,  are  held  and  firmly  bound  unto 
the  City  of  New  York,  hereinafter  called  the  City,  in  the  penal 
sum  of  Five  million  dollars  ($5,000,000)  lawful  money  of  the 
United  States  of  America,  to  be  paid  to  the  City,  for  which  pay- 
ment well  and  truly  to  be  made  the  Contractor  and  the  Sureties 
do  hereby  bind  themselves  and  their,  and  each  of  their,  executors, 
administrators  and  successors  firmly  by  these  presents,  as  follows : 
The  Contractor  to  be  so  held  and  bound  the  full  amount  of  the 
said  Five  million  dollars  ($5,000,000)  and  each  of  the  said  Sure- 
ties to  be  so  held  bound  and  bound  only  for  a  portion  of  said  penal 
sum  of  Five  million  dollars  ($5,000,000)  as  follows:  The  said 

for  the  sum  of 

dollars  ($  •)  ;  the  said 

for  the  sum  of 

dollars 
($  ) ;  the  said 

for  the  sum  of 

dollars 
($  )• 

• 

In     Witness     whereof,    The  Contractor  and  the  Sure- 
ties have  hereunto  caused  their  respective  seals  to  be  set  and  these 
presents  to  be  attested  by  the  president  or  vice-president  and  sec- 
retary of  each  of  them  which  is  a  corporation  this 
day  of 
1899. 

Whereas,  the  City  by  its  Board  of  Rapid  Transit  Railroad  Com- 
missioners (hereinafter  called  the  Board)  is  about  to  enter  into 

H5 


Bond  for  Construction  and  Equipment 

contract  with  the  Contractor  bearing  even  date  herewith  for  the 
construction  and  equipment  of  the  Rapid  Transit  Railroad  in  the 
City  of  New  York  more  particularly  described  in  the  said  contract ; 
and 

Whereas,  The  City  is  about  to  enter  into  such  contract  with  the 
Contractor  upon  the  condition,  and  not  otherwise,  that  this  bond 
shall  be  given  to  the  City,  and  upon  the  faith  thereof, 

NOW,  therefore,  the  condition  of  the  foregoing  obliga- 
tion is  such  that  if  the  Contractor  shall  fully  perform  the  said  con- 
tract so  far  as  the  same  requires  or  shall  require  the  construction 
and  equipment  of  the  said  railroad,  then  this  obligation  shall  be 
null  and  void,  but  else  it  shall  remain  in  full  force  and  virtue. 

It  is  expressly  agreed  between  the  City  and  the  Sureties,  and 
it  is  upon  such  agreement  that  the  City  accepts  this  Bond,  that 
the  Sureties  "will  and  do  waive  any  and  every  notice  of  default  on 
the  part  of  the  Contractor ;  that  they  will  and  do  permit  the  City 
to  extend  the  time  of  the  Contractor  to  make  any  payment  or  do 
any  act ;  that  no  omission  on  the  part  of  the  City  to  give  any  no- 
tice of  or  extension  of  time  granted  by  or  on  behalf  of  the  City 
shall  be  availed  of  by  the  Sureties  or  either  of  them  as  a  defence 
upon  this  bond ;  that  the  Sureties  shall  not  set  up  or  have  any  de- 
fence upon  this  bond  by  reason  of  any  alteration  of  the  said  con- 
tract unless  such  alteration  shall  be  represented  by  a  formal  writ- 
ten instrument  duly  executed  between  the  City  and  the  Contractor 
which  shall  have  been  duly  authorized  by  a  vote  of  the  Board ;  and 
that  in  case  of  such  alteration,  however  made,  the  same  shall  be 
a  defence  to  the  Sureties  only  to  the  extent  of  the  actual  injury 
or  damage  caused  to  the  Sureties  by  said  alteration. 

And  Whereas,  The  Contractor  has  deposited  with  the  City  the 
sum  of  One  million  dollars  ($1,000.000)  in  cash  or  in  securities 
approved  by  the  Board,  as  security  for  the  performance  by  the  Con- 
tractor of  some  of  the  acts  and  things  the  performance  of  which 
is  secured  hereby;  and 

Whereas,  Contemporaneously  with  the  delivery  of  this  bond  the 
Contractor  has  also  delivered  to  the  City  a  bond  in  the  sum  of 
One  million  dollars  ($1,000,000)  as  security  for  the  performance 
by  the  Contractor  of  some  of  the  acts  and  things  the  performance 
of  which  is  secured  hereby, — 

146 


,  Bond  for  Construction  and  Equipment 

Now,  therefore,  it  is  further  expressly  agreed  between  the  City 
and  the  Sureties  that  the  City  shall  be  at  liberty,  in  case  of  any 
default  by  the  Contractor  against  which  this  bond  is  given  as 
security,  to  collect  the  loss  or  damage  to  the  City  caused  thereby 
either  from  the  Sureties  on  this  bond  or  the  Sureties  on  such  other 
bond  or  bonds  or  out  of  the  said  deposit  or  out  of  them  all  as  the 
City  may  elect. 


NOTE. — The  execution  of  the  bond  should  be  duly  proved  in  the 
form  essential  to  proof  to  entitle  a  deed  to  record  in  the  State  of 
New  York.  Full  affidavits  of  justification  of  sureties  should  be 
added. 


Continuing  Bond 
Continuing  Bond. 

Know    all     Men     by    these    Presents,     that 

°f  :     j 

hereinafter  called  the  Contractor,  and 

and 

hereinafter  called  the  Sureties,  are  held  and  firmly  bound 
jointly  and  severally  unto  the  City  of  New  York,  hereinafter 
called  the  City,  in  the  penal  sum  of  One  million  dollars 
($1,000,000)  lawful  money  of  the  United  States  of  America,  to 
be  paid  to  the  City,  for  which  payment  well  and  truly  to  be  made 
the  Contractor  and  the  Sureties  do  hereby  bind  themselves  and 
their  and  each  of  their 

jointly  and  severally,  firmly  by  these  presents. 

In     Witness     whereof   the  Contractor  and  the  Sureties 
have  hereunto  caused  their  seals  to  be  set  this 
day  of  ,  1899. 

Whereas,  the  City,  by  its  Board  of  Rapid  Transit  Railroad  Com- 
missioners (hereinafter  called  the  Board)  is  about  to  enter  into 
a  contract  with  the  Contractor  bearing  even  date  herewith  for 
the  construction  and  equipment,  and,  after  such  construction  and 
equipment  shall  be  complete,  then  for  the  lease  and  operation  of 
the  rapid  transit  railroad  in  the  City  of  New  York  more  particu- 
larly described  in  the  said  contract;  and 

Whereas  the  City  is  about  to  enter  into  such  contract  with  the 
Contractor  upon  the  condition  and  not  otherwise  that  this  Bond 
-shall  be  given  to  the  City,  and  upon  the  faith  thereof, — 

NOW,  therefore,  the  condition  of  the  foregoing  obliga- 
tion is  such  that,  if  the  Contractor  shall  promptly  pay  the  amount 
of  the  annual  rental  specified  in  the  said  contract  and  shall  also 
faithfully  perform  all  the  conditions,  covenants  and  requirements. 

148 


Continuing  Bond 

therein  specified  and  provided,  and  in  case  of  the  default  on  the 
part  of  the  Contractor  as  provided  in  section  34  of  the  rapid 
transit  act,  the  Contractor  shall  pay  the  amount  of  the  deficiency 
therein  mentioned, — then  this  obligation  shall  be  null  and  void, 
but  else  it  shall  remain  in  full  force  and  virtue. 

It  is  expressly  agreed  between  the  City  and  the  Sureties,  and 
it  is  upon  such  agreement  that  the  City  accepts  this  Bond,  that 
the  Sureties  will  and  do  waive  any  and  every  notice  of  default 
on  the  part  of  the  Contractor;  that  they  will  and  do  permit  the 
City  to  extend  the  time  of  the  Contractor  to  make  any  payment 
or  do  any  act ;  that  no  omission  on  the  part  of  the  City  to  give 
any  notice  or  extension  of  time  granted  by  or  on  behalf  of  the 
City,  shall  be  availed  of  by  the  Sureties  or  either  of  them  as  a  de- 
fence upon  this  Bond;  that  the  Sureties  shall  not  set  up  or  have 
any  defence  upon  this  Bond  by  reason  of  any  alteration  of  thr 
said  contract  unless  such  alteration  shall  be  represented  by  a 
formal  written  instrument  duly  executed  between  the  City  and  the 
Contractor  which  shall  have  been  duly  authorized  by  a  vote  of  the 
Board,  and  that  in  case  of  such  alteration,  however  made,  the  same 
shall  be  a  defence  to  the  Sureties  only  to  the  extent  of  the  actual 
injury  or  damage  caused  to  the  Sureties  by  such  alteration.  It  is 
expressly  agreed  between  the  City  and  the  Sureties  that  the  Sure- 
ties hereby  assume  all  the  obligations  prescribed  for  sureties  upon 
bonds  like  this  by  chapter  4  of  the  laws  of  1891,  and  the  various 
acts  amendatory  thereof  (all  such  acts  together  being  known  as 
the  rapid  transit  act) .  This  Bond  shall  be  continuing  security  to 
the  City  of  New  York  for  the  entire  term  of  fifty  (50)  years  after 
the  complete  construction  and  equipment  of  the  rapid  transit  rail- 
road as  prescribed  in  the  said  contract  and  the  declaration  of  the 
Board  that  the  said  railroad  and  its  equipment  are  so  complete. 

And  whereas,  The  Contractor  has  deposited  with  the  City  the 
sum  of  One  Million  Dollars  ($1,000,000)  in  cash  or  securities 
approved  by  the  Board  as  security  for  the  performance  by  the 
Contractor  of  some  of  the  acts  and  things  the  performance  of 
which  is  secured  hereby ;  and 

Whereas,  Contemporaneously  with  the  delivery  of  this  bond, 
the  Contractor  has  ,also  delivered  to  the  City,  a  bond  in  the  sum 
of  Five  Million  Dollars  ($5,000,000)  as  further  security  for  the 
performance  by  the  Contractor  of  some  of  the  acts  and  things  the 
performance  of  which  is  secured  hereby, — Now,  therefore,  it  is 

149 


Continuing  Bond 

further  expressly  agreed  between  the  City  and  the  Sureties  that 
the  City  shall  be  at  liberty  in  case  of  any  default  by  the  Contractor 
against  which  this  Bond  is  given  as  security,  to  collect  the  loss  or 
damage  to  the  City  caused  thereby  either  from  the  Sureties  on  this 
Bond  or  the  sureties  on  such  other  Bond  or  Bonds,  or  out  of  the 
said  deposit  or  out  of  all  such  securities  as  the  City  may  elect. 

NOTE. — The  execution  of  the  bond  should  be  duly  proved  in 
the  form  essential  to  proof  to  entitle  a  deed  to  record  in  the  State 
of  New  York.  Full  affidavits  of  justification  of  sureties  should  be 
added. 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN  B.  MCDONALD 

Contractor 


AGREEMENT 

Of    Modification    of    Contract    for    Construction    and 

Operation  of    Rapid  Transit   Railroad,  with 

Receipt  and  Agreement  Concerning 

Continuing    Bond   Annexed 


Dated,    February    21st,    1900 
Executed,    February    24th,    1900 


Agreement,  made  this  2ist  day  of  February,  in  the  year 
Nineteen  hundred,  between  the  City  of  New  York  (hereinafter 
called  the  City)  acting  by  the  Board  of  Rapid  Transit  Railroad 
Commissioners  for  the  City  of  New  York  (hereinafter  called  the. 
Board),  party  of  the  first  part,  and  John  B.  McDonald,  of  the 
City  of  New  York  (hereinafter  called  the  Contractor),  party  of 
the  second  part: 

WHEREAS,  Heretofore  on  this  date  and  immediately  prior  to  the 
execution  of  this  instrument,  the  City,  acting  by  the  Board,  en- 
tered into  a  contract  with  the  Contractor  for  the  construction  and 
operation  of  a  Rapid  Transit  railroad  in  the  City  of  New  York 
and  otherwise  as  therein  mentioned,  the  said  contract  bearing  even 
date  herewith  and  being  hereinafter  styled  the  contract  for  con- 
struction and  operation ;  and 

WHEREAS,  This  Board  did,  on  or  about  the  i3th  day  of  Novem- 
ber, 1899,  file  with  the  clerk  of  the  Appellate  Division  of  the  Su- 
preme Court  of  the  First  Judicial  Department,  a  stipulation  in 
the  form  hereto  annexed  entitled  "Copy  Stipulation" ;  and 

WHEREAS,  The  Appellate  Division  of  the  Supreme  Coilrt  did, 
by  a  certain  order  made  In  the  Matter  of  the  Application  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  of  the  City  of 
New  York  for  the  Appointment  of  three  Commissioners  to  deter- 
mine "whether  a  Rapid  Transit  Railway  or  Railways  for  the  Trans- 
portation of  Persons  and  Property  as  determined  by  the  said  Board 
ought  to  be  Constructed  and  Operated,  relieve  the  said  Board  from 
the  said  stipulation  upon  condition  that  in  lieu  of  the  said  stipu- 
lation the  Board  should  file  with  the  Clerk  of  the  said  Appellate 
Division  a  stipulation  in  the  same  form  as  the  stipulation  from 
which  the  said  Board  was  thereby  relieved  except  only  that  in 
subdivision  II  thereof  for  the  words  "each  one  being  bound  for  at 
"least  Five  hundred  thousand  dollars  ($500,000)  of  the  penalty 
"and  all  taken  together  being  bound  for  Five  million  dollars  ($5.- 
"000,000)  and  each  justifying  in  double  the  amount  for  which 
"such  person  or  corporation  shall  be  bound,"  there  should  be  sub- 
stituted the  words  "each  one  being  bound  for  at  least  Two  hun- 
"dred  and  fifty  thousand  dollars  ($250,000)  of  the  penalty  and 
"all  taken  together  being  bound  for  Five  million  dollars  ($5,000,- 
"ooo)  and  each  of  such  sureties  justifying  in  the  amount  for 
" which  he  shall  severally  be  bound" ;  and 


WHEREAS,  The  Board  did,  on  the  2Oth  day  of  February,  1900, 
duly  file  with  the  Clerk  of  the  Appellate  Division  a  stipulation 
in  the  same  form  as  the  said  stipulation  of  i3th  November,  1899, 
except  only  that  the  same  was  modified  as  in  the  said  order  of  the 
Appellate  Division  provided;  and 

WHEREAS,  The  Contractor  has  duly  delivered  to  this  Board  the 
continuing  bond  in  the  penalty  of  at  least  One  million  dollars  ($i,- 
000,000)  as  provided  in  the  first  subdivision  of  the  said  stipulation 
of  1 3th  November,  1899,  and  has  also  duly  delivered  to  the  said 
Board  the  bond  for  construction  and  equipment  in  the  penalty  of  at 
least  Five  million  dollars  ($5,000,000)  as  provided  in  the  second 
subdivision  of  the  said  stipulation  except  only  that  some  of  the 
sureties  are  severally  bound  for  Two  hundred  and  fifty  thousand 
dollars  ($250,000)  instead  of  Five  ^hundred  thousand  dollars 
($500,000),  and  that  the  sureties  instead  of  justifying  in  double 
the  amount  for  which  they  are  severally  bound  have  justified  in  the 
amount  for  which  they  are  severally  bound  ;  and 

WHEREAS,  The  Board  in  behalf  of  the  City  has  duly  accepted 
and  approved  the  said  bond  for  construction  and  equipment  in 
the  penalty  of  Five  million  dollars  ($5,000,000)  given  by  the  Con- 
tractor as  aforesaid;  and 

WHEREAS,  The  Board,  as  a  condition  of  making  this  contract 
and  of  approving  the  said  bond  for  construction  and  equipment, 
has  required  the  actual  deposit  with  the  Comptroller  of  the  City 
of  New  York  of  securities  of  the  value  of  One  million  dollars  ($i,- 
000,000)  as  additional  security  for  the  performance  of  the  pro- 
visions of  the  continuing  bond  for  One  million  dollars  ($1,000,- 
ooo)  to  be  given  by  the  Contractor  as  mentioned  in  the  contract 
for  construction  and  operation,  and  has  also  required  an  obliga- 
tion on  the  part  of  the  Contractor  for  the  deposit  with  the  said 
Comptroller  of  an  additional  One  million  dollars  ($1,000,000)  on 
or  before  ist  January,  1901,  as  hereinafter  provided,  and  for  the 
assignment  of  the  beneficial  interest  of  the  Contractor  ih  all  bonds 
to  be  given  by  subcontractors  as  hereinafter  provided ; 

NOW,  therefore,  in  consideration  of  the  premises  and 
of  the  said  contract  for  construction  and  operation  and  of  the  sum 
of  One  dollar  ($i)  by  each  party  hereto  to  the  other  in  hand  paid, 
the  receipt  whereof  is  hereby  acknowledged,  and  with  the  consent 

154 


in  writing  of  all  bondsmen  and  sureties  of  the  Contractor  and 
with  the  concurrence  of  at  least  six  members  of  said  Board, 
It  is  Agreed  that  the  contract  for  construction  and  operation 
be  and  the  same  hereby  is  changed  and  modified  so  as  to  provide 
that  upon  the  bond  for  construction  and  equipment  each  surety 
shall  be  bound  for  at  least  Two  hundred  and  fifty  thousand  dollars 
($250,000)  instead  of  for  at  least  Five  hundred  thousand  dollars 
($500,000)  of  the  penalty  and  shall  justify  in  the  amount,  instead 
of  in  double  the  amount,  for  which  such  surety  shall  be  bound,  and 
that  the  said  bond  for  construction  and  equipment  in  the  penalty 
of  Five  million  dollars  ($5,000,000)  heretofore  given  by  the  Con- 
tractor be  and  the  same  hereby  is  accepted  by  the  Board  as  full 
compliance  with  the  requirements  of  the  contract  for  construction 
and  operation  with  respect  to  the  bond  for  construction  and  equip- 
ment. 

And  it  is  further  agreed  that  the  contract  for  construction  and 
operation  be  and  the  same  is  hereby  further  changed  and  modified 
so  that  in  addition  to  the  matters  therein  contained  the  same  shall 
provide,  and  it  is  hereby  agreed,  that  on  or  before  the  first  day  of 
January,  1901,  the  Contractor  shall  procure  the  Rapid  Transit 
Subway  Construction  Company,  one  of  the  sureties  on  the  said 
bond  or  the  Contractor,  to  deposit  with  the  said  Comptroller  an 
additional  sum  of  One  million  dollars  ($1,000,000)  in  cash  or,  in 
lieu  thereof,  securities  of  the  kind  in  which  Savings  Banks  shall 
then  be  permitted  to  invest  their  funds  under  the  laws  of  this 
State,  to  be  approved  by  the  Board,  and  of  the  value  of  One  mil- 
lion dollars  ($1,000,000),  and  that  thereafter  such  One  million 
dollars  ($1,000,000)  in  cash  or  securities  shall  be  held  by  the 
Comptroller  as  'security  for  the  construction  and  equipment  of  the 
rapid  transit  railroad  as  provided  in  the  contract  for  construction 
and  operation  and  be  subject  in  all  respects,  so  far  as  may  be,  to 
the  provisions  of  the  contract  for  construction  and  operation  with 
respect  to  the  said  bond  for  construction  and  equipment. 

It  is  further  agreed  that  so  long  as  there  shall  be  no  default  upon 
the  said  bond  for  construction  and  equipment,  said  Rapid  Transit 
Subway  Construction  Company  shall  be  entitled  to  receive  the 
interest  which  may  become  due  from  time  to  time  upon  any  secur- 
ities deposited  as  hereinbefore  provided,  and  the  Comptroller  shall, 
at  the  request  of  the  said  Company,  detach  from  and  deliver  over 
to  it  or  upon  its  order,  any  coupons  or  interest  warrants  for  such 

155 


interest  within  ten  days  before  the  same  shall  from  time  to  time 
become  due  and  payable,  and  in  case  any  default  shall  occur  on 
the  said  bond  for  construction  and  equipment  the  City  shall  have 
the  right  to  retain  any  interest  which  may  thereafter  become  due 
upon  the  said  securities  and  apply  the  same  toward  making-  good 
such  default  until  such  default  shall  be  made  good  and  after  such 
default  shall  be  made  good  then  the  interest  accruing  on  said  se- 
curities shall  be  paid  over  as  hereinbefore  provided. 

And  it  is  further  agreed  that  the  said  Rapid  Transit  Subway 
Construction  Company  may,  from  time  to  time,  withdraw  any  of 
the  securities  deposited  hereunder  upon  substituting  other  secur- 
ities of  the  kind  above  described  and  of  equal  value  and  satisfactory 
to  and  approved  by  the  Board  or  upon  depositing  cash  to  an 
amount  equal  in  value  to  the  securities  so  withdrawn  and  may 
thereafter  withdraw  any  cash  so  deposited  upon  substituting  there- 
for securities  of  the  kind  above  described  and  satisfactory  to  and 
approved  by  the  Board  to  an  amount  equal  in  value  to  the  cash 
so  withdrawn. 

In  case  any  of  the  said  securities  shall  at  any  time  in  the  opinion 
of  the  Board  cease  to  be  of  the  character  of  securities  in  which 
the  Savings  Banks  of  the  State  of  New  York  shall  then  be  au- 
thorized by  law  to  invest  their  funds,  then  within  twenty  days 
after  notice  to  the  Contractor  and  the  said  Rapid  Transit  Subway 
Construction  Company,  the  Contractor  shall  procure  the  said 
Rapid  Transit  Subway  Construction  Company  to  substitute  for 
such  securities  other  securities  of  the  character  in  which  the  Sav- 
ings Banks  of  the  State  of  Ne\v  York  are  then  authorized  by  law 
to  invest  their  funds  and  of  equal  value  to  the  securities  so  ob- 
jected to. 

In  case  at  any  time  the  entire  amount  of  securities  shall,  in  the 
opinion  of  the  Board,  become  of  less  value  than  the  sum  of  One 
million  dollars  ($1,000,000)  then  within  twenty  days  after  notice 
to  the  Contractor  and  the  said  Rapid  Transit  Subway  Construction 
Company,  the  Contractor  shall  procure  the  said  Rapid  Transit 
Subway  Construction  Company  to  deposit  with  the  Comptroller 
securities  or  cash  under  the  terms  of  this  agreement  so  as  to  make 
the  total  deposit  of  the  full  value  of  One  million  dollars  ($i,- 
000,000). 

And  it  is  further  agreed  that  the  contract  for  construction  and 
operation  be  and  the  same  hereby  is  further  changed  and  modified 

156 


so  that  the  same  shall  provide,  and  it  is  hereby  agreed,  that  the 
Contractor,  immediately  upon  receiving  from  any  subcontractor  of 
any  part  of  the  work  provided  for  in  the  said  contract  bearing  even 
date  herewith  or  for  the  supply  of  any  material  as  therein  pro- 
vived,  any  bond  or  surety  obligation  of  any  kind  given  to  the  Con- 
tractor to  secure  the  performance  of  such  subcontract  shall  forth- 
with assign  to  the  City  in  form  to  be  approved  by  the  Board,  the 
beneficial  interest  of  the  Contractor  in  such  bond  or  surety  obliga- 
tion so  to  be  given  by  such  subcontractor,  such  beneficial  interest 
to  be  held  and  applied  by  said  Board  for  the'City  as  additional  se- 
curity for  the  performance  by  the  Contractor  of  the  contract  for 
construction  and  operation  so  far  as  it  requires  the  construction 
and  equipment  of  the  rapid  transit  railroad  mentioned  therein. 

And  it  is  further  agreed  that  the  contract  for  construction  and 
operation  shall  be  further  modified  so  as  to  provide,  and  it  is  here- 
by agreed,  that  any  default  on  the  part  of  the  Contractor  in  any  of 
the  provisions  in  this  supplementary  agreement  provided  shall  in 
all  respects  be  deemed  to  be  a  default  on  the  part  of  the  Contractor 
under  the  contract  for  construction  and  operation  and  that  such 
default  shall  subject  the  Contractor  in  all  respects  to  all  liability 
in  the  contract  for  construction  and  operation  prescribed  in  case 
of  default. 

And,  WHEREAS,  The  City,  by  the  Board,  has  this  day  given  to, 
and  executed  with,  the  Contractor  and  Rapid  Transit  Subway 
Construction  Company  a  receipt  for  and  agreement  bearing  even 
date  herewith  regarding,  certain  securities  of  the, value  of  One 
million  dollars  ($1,000,000)  to  be  held  as  security  for  any  liability 
under  the  said  continuing  bond  and  in  and  by  the  said  receipt  and 
agreement,  the  City,  acting  by  the  said  Board  and  the  Comptroller 
of  the  City  of  New  York,  and  the  said  Rapid  Transit  Subway 
Construction  Company  and  the  Contractor  did  make  certain  stipu- 
lations and  agreement  with  respect  to  such  deposit, — 

It  is  further  agreed  that  the  said  contract  for  construction  and 
operation  be  and  the  same  is  hereby  further  changed  and  modi- 
fied so  as  to  provide  and  it  is  hereby  agreed  that  any  default  on 
the  part  of  the  Contractor  in  the  performance  of  the  terms  and 
stipulations  on  his  part  contained  in  the  said  receipt  and  agreement 
with  respect  to  the  said  securities  shall  be  in  all  respects  deemed 
a  default  under  the  said  contract  for  construction  and  operation 
of  the  Rapid  Transit  railroad. 

157 


In  Witness  whereof,  this  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners  under  and  by  a  resolution  duly  adopted  by  said 
Board  concurred  in  by  more  than  six  of  its  members,  and  the  seal 
of  the  said  Board  has  been  hereto  affixed  and  these  presents  signed 
by  the  president  and  secretary  of  the  said  Board  and  the  Contractor 
has  hereto  set  his  hand  and  seal  the  day  and  year  first  above 
written. 

THE  BOARD  OF  RAPID  TRANSIT  RAILROAD  COM- 
MISSIONERS, 

By  A.  E.  ORR, 

PRESIDENT. 
[SEAL.] 

ATTEST  : 

BION  L.  BURROWS, 

Secy. 

JOHN  B.  McDONALD  [SEAL.] 


158 


STATE  OF  NEW  YORK,   ) 

ss  ' 
COUNTY  OF  NEW  YORK,J 

On  this  24th  day  of  February,  1900,  at  the  said  city,  before  me 
personally  appeared  Alexander  E.  Orr  and  Bion  L.  Burrows,  to 
me  known  and  known  to  me  to  be,  the  said  Alexander  E.  Orr, 
the  president,  and  the  said  Bion  L.  Burrows,  the  secretary  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  of  the  City  of 
New  York ;  and  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows, 
being  by  me  duly  sworn,  did  depose  and  say,  each  for  himself  and 
not  one  for  the  other,  the  said  Alexander  E.  Orr,  that  he  resided 
in  the  Borough  of  Brooklyn,  in  the  said  City,  that  he  was  presi- 
dent of  the  said  Board  and  that  he  subscribed  his  name  to  the  fore- 
going contract  by  virtue  of  the  authority  thereof;  and  the  said 
Bion  L.  Burrows  that  he  resided  in  the  Borough  of  Brooklyn,  in 
the  said  City  of  New  York,  that  he  was  the  secretary  of  the  said 
Board  and  that  he  subscribed  his  name  thereto  by  like  authority ; 
and  both  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows  that 
they  knew  the  seal  of  the  said  Board  and  that  the  same  was  affixed 
to  the  foregoing  instrument  by  the  authority  of  the  said  Board  and 
of  a  resolution  duly  adopted  by  the  same. 

And  on  the  same  day,  at  the  said  county,  before  me  duly  ap- 
peared John  B.  McDonald,  to  me  known  and  known  to  me  to  be 
the  person  and  Contractor  named  in  and  "who  executed  the  fore- 
going contract,  and  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS,     (36) 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.    ]  N.  Y.  Co. 

The  undersigned,  being  the  sureties  of  John  B.  Mc- 
Donald, the  Contractor  above  mentioned,  upon  the  continuing  bond 
in  the  penalty  of  One  million  dollars  ($1,000,000)  and  the  bond 
for  construction  and  equipment  respectively  in  the  penalty  of  Five 
million  dollars  ($5,000,000)  hereby  consent  to  the  making  of  the 
foregoing  instrument. 

Dated  New  York,  2ist  February,  1900. 

RAPID  TRANSIT  SUBWAY 

CONSTRUCTION  COMPANY, 
AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

159 


THE  UNITED  STATES  FIDELITY  & 
GUARANTY  COMPANY, 

By  ANDREW  FREEDMAN, 

VICE-PRESIDENT. 
[SEAL.] 

THE  CITY  TRUST,  SAFE  DEPOSIT 
AND  SURETY  COMPANY  OF 
PHILADELPHIA, 

By  JNO.  A.  SULLIVAN; 

VICE-PRESIDENT. 
[SEAL.] 
ATTEST  : 
P.  H.  MOONEY, 

ASST.  SECY. 

AMERICAN  SURETY  COMPANY  OF 
NEW  YORK, 

R.  A.  C.  SMITH, 

VICE-PRES. 

[SEAL.] 

WM.  A.  BRANOL, 

ASST.  SECY. 
NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

PRESIDENT. 
[SEAL.] 
ATTEST  : 

HENRY  N.  CHILDS, 

ASST.  SECRETARY. 
PERRY  BELMONT.  [SEAL.] 

STATE  OF  NEW  YORK,  ) 

>  ss  ' 
COUNTY  OF  NEW  YORK,J 

On  this  23d  day  of  February,  1900,  before  me  personally  came 
Perry  Belmont,  to  me  known  and  known  to  me  to  be  the  indi- 
vidual described  in  and  who  executed  the  foregoing  instrument, 
and  he  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS,     (36) 

[NOTARIAL.]  NOTARY  PUBLIC 

[      SEAL.     ]  N.  Y.  Co. 

160 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  this  23d  day  of  February,  1900,  before  me  personally  ap- 
peared Andrew  Freedman  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  Vice-President  of  the 
United  States  Fidelity  &  Guaranty  Co.  of  Maryland,  the  corpora- 
tion described  in  and  which  executed  the  foregoing  consent: 
that  he  knew  the  corporate  seal  of  said  company;  that  the 
seal  affixed  to  said  consent  was  such  corporate  seal ;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 
And  also,  on  the  23d  day  of  February,  1900,  before  me  personally 
appeared  John  A.  Sullivan  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  Vice-President  of  The 
City  Trust  Safe  Deposit  and  Surety  Co.  of  Philadelphia,  the  cor- 
poration described  in  and  which  executed  the  foregoing  consent; 
that  he  knew  the  corporate  seal  of  said  company;  that  the  seal 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority.  And  also,  on 
the  23d  day  of  February,  1900,  before  me  personally  appeared 
Robert  A.  C.  Smith  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  Vice-President  of  Ameri- 
can Surety  Company  of  New  York,  the  corporation  described  in 
and  which  executed  the  foregoing  consent ;  that  he  knew  the  cor- 
porate seal  of  said  company ;  that  the  seal  affixed  to  said  consent 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he  signed  his 
name  thereto  by  like  authority.  And  also,  on  the  23d  day  of  Feb- 
ruary, 1900,  before  me  personally  appeared  Charles  A.  Dean  to 
me  known,  who  being  by  me  first  duly  sworn,  did  depose  and  say 
that  he  was  President  of  National  Surety  Company,  the  corpora- 
tion described  in  and  which  executed  the  foregoing  consent ;  that 
he  knew  the  corporate  seal  of  said  company ;  that  the  seal  affixed 
to  said  consent  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also,  on  the  24th 
day  of  February,  1900,  before  me  personally  appeared  August 
Belmont,  to  me  known,  who  being  by  me  first  duly  sworn,  did 
depose  and  say  that  he  was  President  of  Rapid  Transit  Subway 

161 


Construction  Company,  the  corporation  described  in  and  which 
executed  the  foregoing  consent ;  that  he  knew  the  corporate  seal 
of  said  company;  that  the  seal  affixed  to  said  consent  was  such 
corporate  seal ;  that  it  was  affixed  thereto  by  order  of  the  Board 
of  Directors  of  such  company,  and  that  he  signed  his  name  thereto 
by  like  authority. 

A.  W.  ANDREWS,     (36) 

[NOTARIAL.]  NOTARY  PUBLIC 

[      SEAL.     ]  N.  Y.  Co. 

THE    FOREGOING    CONTRACT    IS    HEREBY    APPROVED    AS    TO    FORM. 

DATED,  NEW  YORK,  2IST  DAY  OF  FEBRUARY,   1900. 

JOHN  WHALEN, 
Corporation  Counsel  of  the  City  of  New  York. 


Form  of  Receipt  and  Agreement  as  to  Deposit  of  $1,000,000 
on  the  Continuing  Bond. 

WHEREAS  by  the  terms  of  a  contract  for  construction  and  oper- 
ation of  a  rapid  transit  railroad,  made  the  2ist  day  of  February, 
1900,  by  and  between  the  City  of  New  York,  acting  by  the  Board 
of  Rapid  Transit  Railroad  Commissioners  for  the  City  of  New 
York, (hereinafter  called  the  Rapid  Transit  Board),  and  John  B. 
McDonald  of  said  City,  it  is  provided  that  simultaneously  with 
the  execution  of  the  said  contract,  the  said  John  B.  McDonald 
shall  file  with  the  Comptroller  of  the  City  of  New  York  a  bond 
executed  by  the  said  John  B.  McDonald  and  by  sureties  approved 
by  the  Board  in  the  sum  of  One  million  dollars  ($1,000,000)  in 
the  form  provided  in  said  contract,  which  bond  is  therein  referred 
to  as  a  "continuing  bond" ;  and 

WHEREAS,  Rapid  Transit  Subway  Construction  Company  has 
been  duly  incorporated  under  the  Business  Corporations  Laws  of 
New  York  for  the  purpose  of  aiding  in  the  construction  of  Rapid 
Transit  Railroads  in  the  City  of  New  York ;  and 

WHEREAS,  the  said  Company  has  under  agreement  with  said 
John  B.  McDonald  procured  a  surety  for  him  upon  the  said  con- 
tinuing bond ;  and 

WHEREAS,  It  has  been  agreed  between  the  said. Rapid  Transit 
Board  of  the  one  part  and  the  said  John  B.  McDonald,  the  con- 

162 


tractor,  and  the  said  Rapid  Transit  Subway  Construction  Com- 
pany of  the  other  part,  that  the  said  last  named  Company  or  the 
Contractor  shall  contemporaneously  with  the  execution  of  the  said 
continuing  bond  deposit  with  the  Comptroller  of  the  City  of  New 
York  securities  of  the  kind  in  which  Savings  Banks  of  this  State 
are  authorized  by  law  to  invest  their  funds,  and  to  be  approved 
by  the  said  Board  and  to  be  of  the  value  of  One  million  dollars 
($1,000,000),  which  so  far  as  may  be  necessary,  the  City  shall 
apply  in  payment  and  satisfaction  of  the  said  bond  in  case  any 
liability  shall  arise  thereon,  and  the  said  Rapid  Transit  Board  has 
further  agreed  that,  in  case  the  Legislature  shall  amend  the  Rapid 
Transit  Act  by  permitting  the  deposit  of  securities  in  lieu  of  the 
said  continuing  bond  and  the  acceptance  of  securities  and  the  can- 
cellation and  return  of  said  bond  as  hereinafter  provided,  then  the 
said  Board  will  accept  the  said  securities  as  a  deposit  in  lieu  of 
the  said  bond  and  will  then  cancel  and  return  the  same ;  and 

WHEREAS,  The  said  Company  has  procured  the  said  continuing 
Bond  to  be  duly  executed  by  a  surety  satisfactory  to  the  said 
Rapid  Transit  Board,  who  has  justified  in  double  the  amount  of 
the  penalty  of  the  said  bond,  and  said  Company  has  deposited 
with  the  Comptroller  of  the  City  of  New  York  securities  approved 
by  the  said  Board  of  the  value  of  One  million  dollars  ($1,000,000). 

Now,  therefore,  the  said  City  of  New  York  does  hereby 
acknowledge  that  the  Comptroller  thereof  has  under  this  agree- 
ment received  from  Rapid  Transit  Subway  Construction  Com- 
pany the  following  securities,  to  wit : 

$200,000.  New  York  City  Consolidated  Stock,  "Dock"  3%  int 
payable  May  &  November — due  Nov.  i,  1924. 

$100,000.  New  York  City  Consolidated  Stock  "Dock"  3%  int. 
payable  May  &  November — due  Nov.  ist,  1914. 

$100,000.  New  York  City  Consolidated  Stock  "School  House" 
$%  interest  payable  May  &  November — due  Novem- 
ber i,  1908. 

$250,000.  New  York  City  Corporate  Stock  "Aqueduct"  Zl/2% 
interest  payable  April  &  October — due  Oct.  ist,  1919. 

$250,000.  Illinois  Central  R.  R.  Co.,  St.  Louis  Division  &  Ter- 
minal ist  Mtge.  Gold  3%.  Interest  payable  January 
&  July — due  July  i,  1951. 

163 


$ioo,ooo.  Illinois  Central  R.  R.  Co.,  Louisville  Division  &  Ter- 
minal ist  Mtge.  Gold  3*^%  interest  payable  January 
&  July— due  July  i,  1953. 

$20,000.  Illinois  Central  R.  R.  Co.,  Western  Lines  ist  Mtge. 
Gold  4%  interest  payable  February  &  August — due 
Augt.  i,  1951. 

being  the  present  market  value  of  One  million  and  twenty-six 
thousand  three  hundred  and  eighty-six  and  35-100  dollars 
($1,026,386.35-100),  IN  CONSIDERATION  WHEREOF  the  said  City 
hereby  agrees  that  in  case  any  liability  shall  at  any  time  arise  upon 
the  said  continuing  bond  the  City,  in  such  manner  as  may  be 
approved  by  the  Rapid  Transit  Board  but  upon  written  notice  of 
at  least  ten  days,  may  sell  said  securities  or  so  much  thereof  as 
may  be  necessary  to  pay  any  sum  which  may  be  or  become  due 
upon  said  bond  and  apply  the  same  to  the  payment  of  such 
liability  and  any  such  payment  shall  operate  to  relieve  the  surety 
upon  the  said  continuing  bond  to  the  same  extent  as  if  he  had 
made  such  payment. 

It  is  further  agreed  that  in  case  the  legislature  shall 
pass  an  act  amending  chapter  four  of  the  laws  of  eighteen  hundred 
and  ninety-one,  known  as  the  Rapid  Transit  Act,  by  permitting 
the  deposit  of  cash  or  securities  in  lieu  of  the  said  continuing  bond, 
and  the  cancellation  and  return  of  the  said  bond  as  hereinafter 
provided,  then  and  in  such  case  the  said  Rapid  Transit  Board  shall 
accept  the  securities  aforesaid,  or  any  other  securities  of  the  kind 
above  mentioned  and  of  the  value  of  not  less  than  One  million 
dollars  ($1,000,000)  approved  by  the  said  Board,  or  the  sum  of 
One  million  dollars  ($1,000,000)  in  cash,  as  a  deposit  in  lieu  of 
said  bond,  and  shall  then  cancel  and  return  the  said  continuing 
bond. 

It  is  further  agreed  that  so  long  as  there  shall  be 
no  default  upon  the  said  continuing  bond  the  said  Rapid  Transit 
Subway  Construction  Company  shall  be  entitled  to  receive  the 
interest  which  may  become  due  from  time  to  time  upon  the  securi- 
ties deposited  as  herein  provided,  and  the  Comptroller  shall  at 
the  request  of  the  said  Company  detach  from  and  deliver  over  to 
it  or  upon  its  order  any  coupons  or  interest  warrants  for  such 
interest  within  ten  days  before  the  same  shall  from  time  to  time 

164 


become  due  and  payable.  And  in  case  any  default  shall  occur  on 
the  said  continuing  bond  the  City  shall  have  the  right  to  retain 
any  interest  which  may  thereafter  become  due  upon  the  said 
securities  and  apply  the  same  in  making  good  such  default  until 
such  default  shall  be  made  good,  and  after  said  default  shall  be 
made  good,  then  the  interest  accruing  on  said  securities  shall  be 
paid  over  as  hereinbefore  provided. 

And  it  is  further  agreed  that  the  said  Rapid  Transit  Subway 
Construction  Company  may,  from  time  to  time,  withdraw  any  of 
the  securities  deposited  hereunder  upon  substituting  other  securi- 
ties of  the  kind  above  described  and  of  equal  value  and  satisfactory 
to  and  approved  by  the  Board  or  upon  depositing  cash  to  an 
amount  equal  in  value  to  the  securities  so  withdrawn  and  may 
thereafter  withdraw  any  cash  so  deposited  upon  substituting  there- 
for securities  of  the  kind  above  described  and  satisfactory  to  and 
approved  by  the  Board  to  an  amount  equal  in  value  to  the  cash 
so  withdrawn. 

In  case  any  of  the  said  securities  shall  at  any  time,  in  the 
opinion  of  the  Board,  cease  to  be  of  the  character  of  securities  in 
which  the  Savings  Banks  of  the  State  of  New  York  are  then 
authorized  by  law  to  invest  their  funds,  then  within  twenty  days 
after  notice  to  the  Contractor  and  the  Rapid  Transit  Subway 
Construction  Company,  the  Contractor  and  the  said  Rapid  Transit 
Subway  Construction  Company  shall  substitute  for  such  securities 
other  securities  of  the  character  in  which  the  Savings  Banks  of 
the  State  of  New  York  are  then  authorized  by  law  to  invest  their 
funds  and  of  equal  values  to  the  securities  so  objected  to. 

In  case  the  entire  amount  of  securities  shall,  in  the  opinion  of 
the  Board,  become  of  less  value  than  the  sum  of  One  million  dol- 
lars ($1,000,000),  then  within  twenty  days  after  notice  to  the 
Contractor  and  the  said  Rapid  Transit  Subway  Construction  Com- 
pany, the  Contractor  and  the  said  Rapid  Transit  Subway  Con- 
struction Company  shall,  under  the  terms  of  this  agreement,  de- 
posit securities  or  cash  so  as  to  make  the  total  of  the  full  value  of 
One  million  dollars  ($1,000,000),  Provided,  however,  and  it  is  ex- 
pressly agreed  that  the  obligations  hereunder  of  the  Contractor 
and  the  Rapid  Transit  Subway  Construction  Company  shall  be 
joint  and  several. 


165 


In  Witness  whereof,  this  instrument  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners  under  and  by  a  resolution  duly  adopted  by  the  said 
Board  with  the  concurrence  of  more  than  six  of  its  members  and 
the  seal  of  the  said  Board  has  been  hereto  affixed  and  these  pres- 
ents signed  by  the  President  and  Secretary  of  the  said  Board,  and 
the  Comptroller  of  the  City  of  New  York  has  signed  this  instru- 
ment, and  the  Contractor,  John  B.  McDonald,  has  signed  this 
instrument,  and  Rapid  Transit  Subway  Construction  Company 
has  caused  its  corporate  seal  to  be  hereto  affixed  and  these  pres- 
ents to  be  signed  by  its  president  and  secretary,  all  the  day  and 
year  first  above  written. 

THE  BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS, 

By  A.  E.  ORR, 

PRESIDENT. 
[SEAL.] 
ATTEST: 

BION  L.  BURROWS, 

SECY. 
BIRD  S.  COLER, 

COMPTROLLER  OF  THE  CITY  OF  NEW  YORK. 
JOHN  B.  McDONALD.  •      [SEAL.] 

RAPID  TRANSIT  SUBWAY 
CONSTRUCTION  COMPANY, 

By  AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

ATTEST: 

FREDERICK  EVANS, 

SECRETARY. 


166 


STATE  OF  NEW  YORK, 

L  55   • 

COUNTY  OF  NEW  YORK/' 

On  this  24th  day  of  February,  1900,  at  the  said  city,  before  me 
personally  appeared  Alexander  E.  Orr  and  Bion  L.  Burrows,  to 
me  known  and  known  to  me  to  be,  the  said  Alexander  E.  Orr,  the 
president,  and  the  said  Bion  L.  Burrows,  the  secretary  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  of  the  City  of 
New  York ;  and  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows, 
being  by  me  duly  sworn,  did  depose  and  say,  each  for  himself  and 
not  one  for  the  other,  the  said  Alexander  E.  Orr,  that  he  resided 
in  the  Borough  of  Brooklyn,  in  the  said  City,  that  he  was  the 
president  of  the  said  Board  and  that  he  subscribed  his  name  to 
the  foregoing  contract  by  virtue  of  the  authority  thereof ;  and  the 
said  Bion  L.  Burrows  that  he  resided  in  the  Borough  of  Brook- 
lyn, in  the  said  City  of  New  York,  that  he  was  the  secretary  of 
the  said  Board  and  that  he  subscribed  his  name  thereto  by  like 
authority ;  and  both  the  said  Alexander  E.  Orr  and  Bion  L.  Bur- 
rows that  they  knew  the  seal  of  the  said  Board  and  that  the  same 
was  affixed  to  the  foregoing  instrument  by  the  authority  of  the 
said  Board  and  of  a  resolution  duly  adopted  by  the  same. 

And  on  the  same  day,  at  the  said  county,  before  me  duly  ap- 
peared John  B.  McDonald,  to  me  known  and  known  to  me  to  be 
the  person  and  Contractor  named  in  and  who  executed  the  fore- 
going contract,  and  acknowledged  to  me  that  he  executed  the 
same. 

A.  W.  ANDREWS,     (36) 

[NOTARIAL.]  NOTARY  PUBLIC 

[      SEAL.     ]  N.  Y.  Co. 


167 


STATE  OF  NEW  YORK. 
COUNTY  OF  NFW 


On  this  twenty-fourth  day  of  February,  Nineteen  hundred, 
before  me  personally  appeared  BIRD  S.  COLER,  to  me  known  and 
known  to  me  to  be  the  Comptroller  of  the  City  of  New  York, 
and  to  me  acknowledged  that  he  executed  the  foregoing  instru- 
ment as  such  Comptroller. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand  and  affixed 
my  Notarial  seal  the  day  and  year  aforesaid. 

A.  W.  ANDREWS,     (36) 

[NOTARIAL.]  NOTARY  PUBLIC 

[      SEAL.     ]  N.  Y.  Co. 


STATE  OF  NEW  YORK,  , 

V  ss  ' 
COUNTY  OF  NEW  YORK,  r ' 

On  this  twenty-fourth  day  of  February,  Nineteen  hundred,  .be- 
fore me  personally  appeared  AUGUST  BELMONT,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  President  of  RAPID  TRANSIT  SUBWAY  CONSTRUCTION 
COMPANY;  that  he  knew  the  corporate  seal  of  said  Company; 
that  the  seal  affixed  to  the  foregoing  instrument  was  such  cor- 
porate seal;  that  the  same  was  affixed  by  order  of  the  Board  of 
Directors  of  said  Company,  and  that  he  signed  his  name  thereto 
as  President  by  like  authority. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand  and  affixed 
my  Notarial  seal  the  day  and  year  aforesaid. 

A.  W.  ANDREWS,     (36) 
[NOTARIAL]  NOTARY  PUBLIC 

[        SEAL.       ]  N.  Y.  CO. 


168 


Copy  Stipulation. 
SUPREME  COURT, 

APPELLATE  DIVISION,    FIRST    DEPARTMENT. 


In  the  Matter 


OF 


The  Application  of  the  BOARD  OF 
RAPID  TRANSIT  RAILROAD  COM- 
MISSIONERS FOR  THE  CITY  OF  NEW 
YORK  for  the  appointment  of  three 
Commissioners  to  determine  whether 
a  Rapid  Transit  Railway  or  Rail- 
ways for  the  transportation  of  per- 
sons and  property  as  determined  by 
said  Board  ought  to  be  constructed 
and  operated. 


The  Board  of  Rapid  Transit  Railroad  Commissioners  of  the 
City  of  New  York,  hereinafter  called  the  Rapid  Transit  Board, 
does  hereby  stipulate  as  follows : 

The  Rapid  Transit  Board  will  insert  in  any  contract  it  shall 
make  for  the  construction,  equipment  and  operation  of  the  Rapid 
Transit  Railroad  described  in  the  application  herein  to  the  Appel- 
late Division  a  requirement  that,  to  make  the  contract  operative 
as  against  the  City  of  New  York,  the  contractor  or  contractors 
shall  give  security  at  the  least  as  follows : 

i.  A  bond  pursuant  to  Sect.  34  of  the  Rapid  Transit  Act  in  the 
penalty  of  at  least  One  million  dollars  ($1,000,000)  which 
shall  be  a  continuing  security  and  shall  provide  for  the 
prompt  payment  by  the  contracting  person,  firm  or  corpora- 
tion of  the  amount  of  annual  rental  specified  in  the  contract, 
and  also  for  the  faithful  performance  by  said  contracting 
person,  firm  or  corporation  of  all  the  conditions,  covenants 
and  requirements  specified  and  provided  for  in  said  contract 
and  further  providing  that  such  contracting  person,  firm  or 

169 


corporation  and  his  or  its  bondsmen,  shall,  in  the  case  of  de- 
fault on  the  part  of  such  contractor  provided  in  said  Sect. 
34,  be  and  continue  jointly  and  severally  liable  to  the  City 
of  New  York  for  the  amount  of  the  deficiency  therein  men- 
tioned until  the  end  of  the  full  term  for  which  the  said  con- 
tract shall  have  been  originally  made. 

2.  A  bond  in  the  penalty  of  at  least  Five  million  dollars  ($5,- 
000,000)  which  shall  provide  that  the  contractor  or  con- 
tractors shall  fully  perform  the  said  contract  so  far  as  the 
same  requires  the  construction  and  equipment  of  the  rail- 
road, such  bond  to  be  executed  by  two  or  several  persons  or 
corporations,  each  one  being  bound  for  at  least  Five  hundred 
thousand  dollars  ($500,000)  of  the  penalty,  and  all  taken 
together  being  bound  for  at  least  Five  million  dollars 
($5,000,000),  and  each  justifying,  in  double  the  amount  for 
which  such  person  or  corporation  shall  be  bound. 

In  witness  whereof,  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners has  caused  this  stipulation  to  be  signed  by  its  President 
and  Secretary  and  its  official  seal  to  be  hereunto  affixed  at  the 
City  of  New  York,  within  the  County  of  New  York,  on  this  I3th 
day  of  November,  1899. 

THE  BOARD, 'OF  RAPID  TRANSIT  RAILROAD  COM- 
MISSIONERS, 

By  ALEXANDER  E.  ORR, 

President. 
[SEAL.]     . 

BION  L.  BURROWS, 

Secretary. 


170 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN  B.  MCDONALD 

Contractor 


AGREEMENT 

Modifying    Contract   for   Construction  and    Operation 
of    Rapid    Transit    Railroad 


Dated,    June    21st,    1900 
Executed,    August    3,    1900 


Ft.  George  Change  of  Route 

Agreement  made  this  2ist  day  of  June  in  the  year  Nineteen 
hundred,  between  the  City  of  New  York  (hereinafter  called 
the  City)  acting  by  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  The  City  of  New  York  (hereinafter  called  the 
Board),  party  of  the  first  part,  and  John  B.  McDonald,  of  the 
City  of  New  York  (hereinafter  called  the  Contractor),  party  of 
the  second  part : 

Whereas,  Heretofore,  and  on  or  about  the  2ist  day  of  Feb- 
ruary, 1900,  the  City,  acting  by  the  Board,  entered  into  a  con- 
tract with  the  Contractor  for  the  construction  and  operation  of 
a  Rapid  Transit  Railroad  in  the  City  of  New  York  and  other- 
wise as  therein  mentioned,  the  said  contract  being  hereinafter 
styled  the  Contract  for  Construction  and  Operation ;  and 

Whereas,  On  or  about  the  2ist  day  of  February,  1900,  and 
immediately  after  the  execution  of  the  contract  for  construc- 
tion and  operation,  the  City,  acting  by  the  Board,  entered  into 
a  contract  with  the  Contractor  modifying  the  said  contract  for 
construction  and  operation,  the  said  modifying  contract  being 
hereinafter  styled  the  Agreement  for  Modification  of  Contract ; 
and 

Whereas,  The  Contractor  has  deposited  with  the  Comp- 
troller of  the  City  certain  security  for  the  performance  of  the 
said  contract  for  construction  and  operation  on  his  part  and 
has  given  certain  bonds  as  further  security  for  such  perform- 
ance and  upon  such  bonds  there  are  sureties  as  follows : 
Rapid  Transit  Subway  Construction  Company ;  The  United 
States  Fidelity  &  Guaranty  Company ;  The  City  Trust  Safe 
Deposit  and  Surety  Company  of  Philadelphia ;  American 
Surety  Company  of  New  York;  National  Surety  Company; 
and  Perry  Belmont ;  and 

Whereas,  The  Contractor  desires,  and  the  Board  approves, 
a  modification  of  the  Routes  and  General  Plan  for  the  Rapid 
Transit  Railroad  referred  to  in  the  said  contract  for  the  con- 
struction and  operation  as  set  forth  in  certain  resolutions 
adopted  by  the  Board  on  2ist  June,  1900,  a  copy  of  which  is 
hereto  annexed, 

Now,  therefore,  in  consideration  of  the  premises  and  subject 
to  the  consents  hereinafter  provided, 

173 


Ft.  George  Change  of  Route 

It  is  agreed  that  the  said  contract  for  construction  and 
operation  and  the  routes  and  general  plan  therein  mentioned, 
be  and  the  same  hereby  are  modified  as  follows : 

By  striking  from  the  said  routes  the  portion  thereof  begin- 
ning at  a  point  under  Eleventh  avenue  on  the  centre  line 
thereof  produced  and  eleven  hundred  and  five  feet  north  of  the 
centre  line  of  One  Hundred  and  Ninetieth  street,  and  running 
thence  under  or  over  (as  may  be  most  convenient)  private 
property  to  a  point  at  the  southeast  end  of  Ellwood  street  near 
Hillside  street  and  thence  over  Ellwood  street  to  Kingsbridge 
avenue  or  Broadway;  thence  over  Kingsbridge  avenue  or 
Broadway  as  now  proposed  to  a  point  at  or  near  its  intersec- 
tion with  Amsterdam  avenue  and  south  of  Riverdale  avenue ; 
and  by  inserting  in  the  said  routes  instead  of  the  portion 
thereof  thus  struck  out  the  following,  to  wit : 

Beginning  at  the  point  under  Eleventh  avenue  on  the  centre 
line  thereof  produced  above  named,  namely  eleven  hundred 
and  five  feet  north  of  the  centre  line  of  One  Hundred  and 
Ninetieth  street,  and  running  thence  under  and  over  Eleventh 
avenue  and  private  property  to  Naegle  avenue,  thence  along 
and  over  Naegle  avenue  to  Amsterdam  avenue,  thence  along 
and  over  Amsterdam  avenue  to  the  said  point  at  or  near  its 
intersection  with  Kingsbridge  avenue  or  Broadway,  and  south 
of  Riverdale  avenue  as  aforesaid. 

The  general  plan  of  construction  of  the  portion  of  the  route 
hereby  substituted  shall  be  as  follows : 

The  tracks  shall  be  placed  in  tunnel  from  the  south  end  of 
said  portion  to  a  point  on  private  property  between  Eleventh 
and  Naegle  avenues  within  200  feet  from  the  westerly  side 
of  Eleventh  avenue  and  northerly  over  the  rest  of  the  portion 
of  the  route  hereby  substituted  shall  be  carried  upon  a  via- 
duct. There  shall  be  at  least  two  parallel  tracks,  with  the 
right  at  any  time  to  add  a  third  track  in  the  discretion  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners. 

And  it  is  further  agreed  that  in  all  other  respects  the  pro- 
visions of  the  general  plan  of  construction  set  forth  in  the  said 
contract  for  construction  and  operation  shall  be  applicable 
to  the  portion  of  the  route  hereby  substituted. 

And  it  is  further  agreed  that  the  contractor  shall  become  en- 
titled to  additional  payment  for  such  additional  work  and  ma- 

174 


Ft.  (,'cor^c  Change  of  Route 

terials  as  shall  be  made  necessary  by  the  changes  hereby  pro- 
vided, and  the  City  shall  become  entitled  to  abatement  from 
the  contract  price  by  reason  of  the  diminution  in  work  and 
materials  by  reason  of  such  changes,  the  amounts  of  such 
additional  payments  and  such  diminution  to  be  determined  as 
provided  in  Chapter  II.  of  the  said  contract  for  construction 
and  operation. 

Provided,  however,  and  it  is  expressly  agreed  that  this 
agreement  shall  take  effect  when  and  only  when  the  following 
consents  hereto  and  approvals  hereof  shall  be  duly  had,  to  wit : 

1.  The    consents    as    subjoined    of    Rapid    Transit    Subway 
Construction  Company,  The  United  States  Fidelity  and  Guar- 
anty Company,  The  City  Trust  Safe  Deposit  and  Surety  Com- 
pany of  Philadelphia,  The  American  Surety  Company  of  New 
York,  National  Surety  Company,  and  Perry  Belmont. 

2.  The  consent  of  the  Municipal  Assembly  of  The  City  of 
New  York. 

3.  The  consent  of  the  Mayor  of  The  City  of  New  York. 

4.  The  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along  the  streets  or  such  portions  of  streets  as  are 
included  in  the  portion  of  routes  by  this  agreement  proposed 
to  be  substituted  as  aforesaid ;  or  if  such  consent  cannot  be 
obtained,  then  in  lieu  thereof  the  determination  of  three  Com- 
missioners to  be  appointed  by  the    Appellate    Division    of    the 
Supreme  Court  duly  confirmed  by  the  said  Appellate  Division. 

The  plan  hereto  annexed  is  intended  to  show  the  modifica- 
tion of  the  routes  as  hereby  proposed. 


175 


Ft.  George  Change  of  Route 

In  Witness  Whereof,  this  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners  under  and  by  a 
resolution  duly  adopted  by  said  Board,  concurred 
in  by  more  than  six  of  its  members,  and  the  seal  of 
the  said  Board  has  been  hereto  affixed  and  these 
presents  signed  by  the  President  and  Secretary  of 
the  said  Board  and  the  contractor  has  hereto  set 
his  hand  and  seal  the  day  and  year  first  above 
written. 

JOHN  B.  MCDONALD, 

BOARD    OF    RAPID    TRANSIT    RAILROAD 
COMMISSIONERS  FOR  THE  CITY  OF  NEW 

YORK. 

[SEAL.]  By  A.  E.  ORR, 

ATTEST  :  PRESIDENT. 

BION  L.  BURROWS,  SECRETARY. 


STATE  OF  NEW  YORK.  ) 

ss  ° 
COUNTY  OF  NEW  YORK,  j 

On  this  3ist  day  of  October.  1900,  at  the  City  of  New  York 
in  said  County,  before  me  personally  appeared  Alexander  E. 
Orr  and  Bion  L.  Burrows,  to  me  known  and  known  to  me  to 
be,  the  said  Alexander  E'.  Orr,  the  President,  and  the  said 
Bion  L.  Burrows,  the  Secretary  of  the  Board  of  Rapid  Transit 
Railroad  Commissioners  of  the  City  of  New  York ;  and  the 
said  Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by  me  duly 
sworn,  did  depose  and  say,  each  for  himself  and  not  one  for 
the  other,  the  said  Alexander  E.  Orr,  that  he  resided  in  the 
Borough  of  Brooklyn,  in  the  said  City,  that  he  was  the  Presi- 
dent of  the  said  Board  and  that  he  subscribed  his  name  to 
the  foregoing  contract  by  virtue  of  the  authority  thereof ;  and 
the  said  Bion  L.  Burrows  that  he  resided  in  the  Borough  of 
Brooklyn,  in  the  said  City,  that  he  was  the  Secretary  of  the 
said  Board,  and  that  he  subscribed  his  name  thereto  by  like 
authority;  and  both  the  said  Alexander  E.  Orr  and  Bion  L. 
Burrows  that  they  knew  the  seal  of  the  said  Board  and  that 

176 


Ft.  George  Change  of  Route 

the  same  was  affixed  to  the  foregoing-  instrument  by  the  au- 
thority of  the  "said  Board  and  of  a  resolution  duly  adopted  by 
the  same. 

STEPHEN  CONNELL, 
[SEAL.]  NOTARY  PUBLIC  (163), 

N.  Y.  Co. 

STATE  OF  NEW  YORK.  ) 
COUNTY  OF  NEW 


On  this  3d  day  of  August,  1900,  before  me  personally  ap- 
peared John  B.  McDonald,  to  me  known  and  known  to  me  to 
be  the  person  and  Contractor  named  in  and  who  executed  the 
foregoing  contract,  and  acknowledged  to  me  that  he  executed 
the  same. 

FREDERICK  EVANS, 
[SEAL.]  NOTARY  PUBLIC  No.  58, 

New  York  County,  N.  Y. 

The  undersigned,  being  the  sureties  of  John  B.  McDonald, 
the  Contractor  above  mentioned  upon  the  continuing  bond  in 
the  penalty  of  One  million  dollars  ($1,000,000)  and  the  bond 
for  construction  and  equipment  in  the  penalty  of  Five  million 
dollars  ($5,000,000)  hereby  consent  to  the  making  of  the  fore- 
going instrument. 

Dated  New  York,  June  21,  1900. 

RAPID  TRANSIT  SUBWAY 

CONSTRUCTION  COMPANY, 
[SEAL.]  By  AUGUST  BELMONT, 

PRESIDENT. 
THE  UNITED  STATES  FIDELITY 

AND  GUARANTY  COMPANY, 
[SEAL.]  By  JOHN  B.  BLAND, 

ATTEST  :  PRESIDENT. 

WYLLYS  BENEDICT, 

ATTORNEY  IN  FACT. 
NATIONAL  SURETY  COMPANY, 
[SEAL,]  By  CHAS.  A.   DEAN, 

ATTEST  :  PRESIDENT. 

HENRY  M.  CHILDS, 

SECRETARY. 

177 


Ft.  George  Change  of  Route 

THE  CITY  TRUST,  SAFE  DEPOSIT 
AND  SURETY  COMPANY  OF 
PHILADELPHIA, 

160  Broadway,  N.  Y., 
[SEAL.]  JNO.  A.  SULLIVAN, 

VICE-PRESIDENT. 
P.  H..MOONEY, 

ASSISTANT  SECRETARY. 

AMERICAN  SURETY  COMPANY  OF 

NEW  YORK, 
[SEAL.]  By  H.  D.  LYMAN, 

ATTEST  :  PRESIDENT. 

G.   M.   SWENEY, 

SECRETARY. 
[SEAL.]  PERRY  BELMONT. 

STATE  OF  NEW  YORK,  1 

ss  ° 
COUNTY  OF  NEW 


On  the  i8th  day  of  September,  1900,  before  me  personally  ap- 
peared Perry  Belmont,  to  me  known  and  known  to  me  to  be  the 
individual  described  in  and  who  executed  the  foregoing  consent, 
and  he  acknowledged  to  me  that  he  executed  the  same. 

HARRY  M.  AUSTIN, 
[NOTARIAL]  Notary  Public,   Queens   County. 

Certificate  filed  in  New  York  Countv. 


STATE  OF  NEW  YORK,  ) 

ss  * 
COUNTY  OF  NEW 


On  this  4th  day  of  August,  1900,  before  me  personally  appeared 
John  H.  Brand,  to  me  known,  who  being  my  me  first  duly  sworn, 
did  depose  and  say  that  he  was  the  President  of  United  States 
Fidelity  and  Guaranty  Company  of  Maryland,  the  corporation 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company  ;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also,  on  the  6th 
day  of  August,  1900,  before  me  personally  appeared  John  A.  Sulli- 

178 


Ft.  George  Change  of  Route 

van  to  me  known,  who  being  by  me  first  duly  sworn,  did  depose 
and  say  that  he  was  the  Yice-President  of  the  City  Trust  Safe 
Deposit  and  Surety  Company  of  Philadelphia,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company ;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also,  on  the  6th 
day  of  August,  1900,  before  me  personally  appeared  Henry  D. 
Lyman  to  me  known,  who  being  by  me  first  duly  sworn,  did 
depose  and  say  that  he  was  the  President  of  American  Surety 
Company  of  New  York,  the  corporation  described  in  and  which 
executed  the  foregoing  consent;  that  he  knew  the  corporate  seal 
of  said  company;  that  the  seal  affixed  to  said  consent  was  such 
corporate  seal;  that  it  was  affixed  thereto  by  order  of  the  Board 
of  Directors  of  such  company,  and  that  he  signed  his  name  thereto 
by  like  authority.  And  also,  on  the  6th  day  of  August,  1900, 
before  me  personally  appeared  Charles  A.  Dean,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  President  of  National  Surety  Company  of  New  York,  the 
corporation  described  in  and  which  executed  the  foregoing  con- 
sent ;  that  he  knew  the  corporate  seal  of  said  company ;  that  the 
seal  affixed  to  said  consent  was  such  corporate  seal;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority.  And 
also  on  the  3d  day  of  August,  1900,  before  me  personally  appeared 
August  Belmont,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say  that  he  was  the  President  of  Rapid  Transit 
Subway  Construction  Company,  the  corporation  described  in  and 
which  executed  the  foregoing  consent ;  that  he  knew  the  corporate 
seal  of  said  company ;  that  the  seal  affixed  to  said  consent  was 
such  corporate  seal ;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  authority. 

A.  W.  ANDREWS, 

[NOTARIAL]  NOTARY  PUBLIC     (34), 

[     SEAL.     ]  N.  Y.  Co. 


179 


Ft.  George  Change  of  Route 

Resolutions  Adopted   by  the   Rapid   Transit   Board  on   2ist 

June,  1900. 

Whereas,  This  Board  did  on  the  I4th  day  of  January,  1897,  and 
4th  day  of  February,  1897,  adopt  certain  Routes  and  General  Plan 
for  a  rapid  transit  railroad  in  The  City  of  New  York,  a  copy  of 
which  is  hereto  annexed,  entitled  "Copy  Routes  and  General 
Plan";  and 

Whereas,  The  said  Routes  and  General  Plan  were  afterwards 
duly  approved  by  the  municipal  authorities  of  The  City  of  New 
York  and  were  duly  consented  to  by  Commissioners  appointed 
by  the  Appellate  Division  of  the  Supreme  Court,  which  consent 
was  duly  confirmed  by  the  said  Appellate  Division,  in  lieu  of  the 
consent  of  the  owners  of  a  majority  in  value  of  the  property  along 
the  said  routes ;  and 

Whereas,  Thereafter  and  on  or  about  the  2ist  day  of  February, 
1900,  The  City  of  New  York  did,  by  this  Board,  enter  into  a 
certain  contract  with  John  B.  McDonald  for  the  construction  and 
operation  of  the  said  Rapid  Transit  railroad;  and 

Whereas,  It  is  the  interest  of  The  City  of  New  York  and,  in 
the  opinion  of  the  said  John  B.  McDonald,  it  is  likewise  in  his 
interest,  as  such  contractor,  and  he  desires  that  said  Routes  and 
General  Plan  shall  be  changed  in  the  respect  hereinafter  men- 
tioned but  without  other  change  in  the  said  routes  and  general 
plan, — now,  therefore,  it  is 

Resolved,  That,  subject  to  the  consents  and  approvals  to  be  first 
obtained  as  in  these  resolutions  hereinafter  mentioned,  the  said 
Routes  and  General  Plan  heretofore  adopted  by  this  Board  be  and 
they  hereby  are  modified  as  follows : 

By  striking  from  the  said  routes  the  portion  thereof  beginning 
at  a  point  under  Eleventh  avenue  on  the  centre  line  thereof  pro- 
duced and  eleven  hundred  and  five  feet  north  of  the  centre  line 
of  One  Hundred  and  Ninetieth  street,  and  running  thence  under 
or  over  (as  may  be  most  convenient)  private  property  to  a  point 
at  the  southeast  end  of  Ellwood  street,  near  Hillside  street  and 
thence  over  Ellwood  street  to  Kingsbridge  avenue  or  Broadway ; 
thence  over  Kingsbridge  avenue  or  Broadway  as  now  proposed  to 
a  point  at  or  near  its  intersections  with  Amsterdam  avenue  and 
south  of  Riverdale  avenue;  and  by  inserting  in  the  said  routes 
instead  of  the  portion  thereof  thus  struck  out  the  following,  to 

180 


Ft.  George  Change  of  Route 

\vit;  Beginning  at  the  point  under  Eleventh  avenue  on  the 
centre  line  thereof  produced  above  named,  namely  eleven  hun- 
dred and  five  feet  north  of  the  centre  line  of  One  Hundred  and 
Ninetieth  street,  and  running  thence  under  and  over  Eleventh 
avenue  and  private  property  to  Naegle  avenue,  thence  along  and 
over  Naegle  avenue  to  Amsterdam  avenue,  thence  along  and  over 
Amsterdam  avenue  to  the  said  point  at  or  near  its  intersection 
with  Kingsbridge  avenue  or  Broadway,  and  south  of  Riverdale 
avenue  as  aforesaid. 

The  general  plan  of  construction  of  the  portion  of  the  route 
hereby  substituted  shall  be  as  follows : 

The  tracks  shall  be  placed  in  tunnel  from  the  south  end  of  said 
portion  to  a  point  on  private  property  between  Eleventh  and 
Naegle  avenues,  within  200  feet  from  the  westerly  side  of  Eleventh 
avenue  and  northerly  over  the  rest  of  the  portion  of  the  route 
hereby  substituted  shall  be  carried  upon  a  viaduct.  There  shall 
be  at  least  two  parallel  tracks  with  the  right  at  any  time  to  add 
a  third  track  in  the  discretion  of  the  Board  of  Rapid  Transit 
Railroad  Commissioners.  In  all  other  respects  the  provisions  of 
the  said  General  Plan  of  Construction  adopted  on  I4th  January 
and  4th  February,  1897,  shall  be  applicable  to  the  portion  of  the 
route  hereby  substituted.  And  it  is  further 

Resolved,  That  whereas  this  Board  has  duly  made  the  inquiries 
and  investigation  necessary  or  proper  in  the  premises  and  has 
determined  that  the  modification  aforesaid  of  the  said  Routes  and 
General  Plan  are  necessary  for  the  interests  of  the  public  and  of 
The  City  of  New  York  and  should  be  established  as  herein  pro- 
vided, this  Board  does  hereby  determine  and  establish  the  said 
routes  and  general  plan  as  hereby  modified,  subject  to  the  con- 
sents and  approvals  to  be  first  obtained  as  hereinafter  mentioned ; 
and  it  is  further 

Resolved,  That  the  said  modification  of  routes  and  general  plan 
shall  take  effect  only  upon  and  after  the  following  consents  and 
approvals  thereto  shall  be  duly  had,  to  wit : 

i.  The  consent  of  the  said  John  B.  McDonald,  Contractor,  and 
of  his  sureties  as  follows:  Rapid  Transit  Subway  Construction 
Company ;  The  United  States  Fidelity  and  Guaranty  Company ; 
The  City  Trust,  Safe  Deposit  and  Surety  Company  of  Philadel- 
phia ;  American  Surety  Company  of  New  York ;  National  Surety 
Company,  and  Perry  Belmont. 

181 


Ft.  George  Change  of  Route 

2.  The  consent  of  the  Municipal  Assembly  of  The  City  of  New 
York. 

3.  The  consent  of  the  Mayor  of  The  City  of  New  York. 

4.  The  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along1  streets  or  such  portions  of  streets  as  are  included 
in  the  portion  of  routes  by  these  resolutions  proposed  to  be  sub- 
stituted, as  aforesaid;  or  if  such  consent  cannot  be  obtained,  then 
in  lieu  thereof  the  determination  of  three  (Commissioners  to  be 
appointed  by  the  Appellate  Division  of  the  Supreme  Court  duly 
confirmed  by  the  said  Appellate  Division. 

Copy  Routes  and  General  Plan. 

January  14,   1897. 

One  route  as  follows :  Its  centre  line  shall  commence  at  a 
point  at  or  near  the  intersection  of  Broadway  with  Park  Row ; 
thence  under  Park  Row  and  Centre  street  to  a  point  at  or  near  its 
intersection  with  New  Elm  street  as  proposed ;  thence  under 
New  Elm  street,  as  proposed,  to  Lafayette  place ;  thence  under 
Lafayette  place  to  Eighth  street ;  thence  across  and  under  Eighth 
street,  and  thence  under  private  property  lying  between  Eighth 
and  Ninth  streets  and  east  of  the  westerly  side  or  line  of  Lafay- 
ette place,  produced,  to  Fourth  avenue;  thence  under  Fourth 
avenue  and  Park  avenue  to  Forty-second  street ;  thence  turn- 
ing from  Park  avenue  into  Forty-second  street,  and  taking  for 
the  purposes  of  the  curve,  if  necessary  or  convenient,  private  prop- 
erty at  the  southwest  corner  of  Park  avenue  and  Forty-second 
street;  thence  under  Forty-second  street  to  Broadway;  thence 
under  Broadway  to  Fifty-ninth  street;  thence  under  the  Boule- 
vard to  a  point  at  or  near  One  Hundred  and  Twenty- fourth  street ; 
thence  by  viaduct  along  and  over  the  Boulevard  to  a  point  at  or 
near  One  Hundred  and  Thirty-fourth  street;  thence  under  the 
Boulevard  and  Eleventh  avenue  to  a  point  on  Eleventh  avenue, 
situate  north  of  One  Hundred  and  Ninetieth  street,  and  distant 
therefrom  not  less  than  one  thousand  and  not  more  than  one  thou- 
sand five  hundred  feet,  and  thence  under  or  over  (as  may  be  most 
convenient)  private  property  to  a  point  at  the  southeast  end  of 
Elhvood  street  near  Hillside  street,  and  thence  over  Ellwood  street 
to  Kingsbridge  avenue  or  Broadway;  thence  over  Kingsbridge 
avenue  or  Broadway,  as  now  proposed,  to  Riverdale  avenue  and 

182 


Ft,  George  Change  of  Route 

thence  easterly  over  Riverdale  avenue  to  a  point  within  five  hun- 
dred feet  of  the  present  Kingsbridge  station  of  the  New  York  and 
Putnam  Railroad  Company. 

This  route  shall  include  a  loop  at  the  City  Hall  Park  which 
shall  connect  with  the  portion  of  the  route  aforesaid  along  Centre 
street  at  or  near  the  south  end  of  that  street,  and  thence  proceed 
westerly  and  southerly  under  City  Hall  Park  and  Broadway,  and 
thence  easterly  to  again  connect  with  the  portion  of  the  route 
aforesaid  in  Park  Row.  All  of  the  said  loop  shall  lie  under  City 
Hall  Park,  Park  Row,  between  the  south  end  of  Centre  street  and 
Ann  street,  and  the  portion  of  Broadway  adjoining  the  City  Hall 
Park  lying  between  Vesey  and  Murray  streets.  This  route  shall 
also  include  suitable  tracks  and  connections  from  the  City  Hall 
loop  to  the  Postoffice,  such  tracks  and  connections  being  under 
the  City  Hall  Park  and  under  the  portion  of  Park  Row  between 
the  south  end  of  Centre  street  and  Ann  street.  This  route  shall 
also  include  suitable  tracks  and  connections  from  the  portion  of 
the  route  near  the  corner  of  Park  avenue  and  Forty-second  street 
to  the  yard  and  tracks  of  the  Grand  Central  Station.  All  of  the 
tracks  and  connections  last  mentioned  shall  be  under  Park  avenue 
and  Forty-second  street  and  private  property  to  be  acquired.  By 
private  property  in  this  description  is  meant  property  not  forming 
part  of  the  streets  of  The  City  of  New  York  and  not  belonging 
to  The  City  of  New  York. 

Also  a  route  as  follows :  Its  centre  line  shall  diverge  from  the 
route  aforesaid  on  the  Boulevard,  between  a  line  parallel  to  and 
one  hundred  feet  north  of  One  Hundred  and  Third  street  and  a 
line  parallel  to  and  one  hundred  feet  south  of  One  Hundred  and 
Third  street,  thence  under  private  property  to  a  point  in  One 
Hundred  and  Fourth  street;  thence  under  One  Hundred  and 
Fourth  street  to  and  across  Central  Park,  West;  thence  under 
Central  Park  to  the  intersection  of  Lenox  avenue  and  One  Hun- 
dred and  Tenth  street;  thence  under  Lenox  avenue  to  a  point 
near  One  Hundred  and  Forty-second  street ;  thence  curving  to 
the  east  and  passing  under  private  property,  One  Hundred  and 
Forty-third  and  One  Hundred  and  Forty-fourth  streets,  to  the 
Harlem  River  at  or  near  the  foot  of  One  Hundred  and  Forty-fifth 
street;  thence  under  the  Harlem  River  and  private  property  to 
East  One  Hundred  and  Forty-ninth  street  at  or  near  its  intersec- 
tion with  River  avenue;  thence  under  East  One  Hundred  and 

183 


Ft.  George  Change  of  Route 

Forty-ninth  street  to  a  point  near  its  intersection  with  Third 
avenue;  thence  with  a  curve  to  the  left  and  under  Third  avenue 
to  a  point  near  its  intersection  with  Westchester  avenue;  thence 
with  a  curve  to  the  right  to  and  under  Westchester  avenue,  and 
thence  by  viaduct  over  and  along  Westchester  avenue  to  the 
Southern  Boulevard;  thence  over  and  along  the  Southern  Boule- 
vard to  the  Boston  road,  and  thence  over  and  along  the  Boston 
road  to  Bronx  Park. 

The  said  General  Plan  of  Construction  hereby  adopted  is  as 
follows : 

For  the  route  under  Park  Row  and  the  said  loop  at  City 
Hall  Park,  two  parallel  tracks;  for  the  route  from  the  point 
of  connection  of  the  City  Hall  loop  with  the  route  aforesaid, 
at  the  southerly  end  of  Centre  street  to  the  junction  at  or 
near  One  Hundred  and  Third  street  and  the  Boulevard,  four 
parallel  tracks;  for  the  route  from  the  junction  at  or  near  One 
Hundred  and  Third  street  and  the  Boulevard  to  the  New  York 
and  Putnam  Railroad  Company's  station  at  Kingsbridge,  two 
parallel  tracks;  for  the  route  from  the  junction  at  or  near 
One  Hundred  and  Third  street  and  the  Boulevard  to  Bronx 
Park,  two  parallel  tracks. 

All  of  the  above-mentioned  tracks  shall  be  placed  on  the 
same  level,  except  that  wherever  required  by  special  necessities 
of  surface  or  sub-surface  structures  or  other  special  or  local 
necessities  and  for  the  purpose  of  avoiding  grade  crossings 
at  the  southerly  end  of  Centre  street  and  the  One  Hundred  and 
Third  street  junction,  any  one  or  more  of  the  tracks  may  be 
depressed  below  the  level  of  the  other  tracks  to  a  depth  of  not 
more  than  twenty  feet. 

The  tracks  shall  be  of  standard  gauge,  that  is  to  say,  of  a 
width  of  four  feet  and  eight  and  a  half  inches  between  the 
rails.  There  shall  be  twelve  and  a  half  feet  width  in  the  tun- 
nels and  on  the  viaducts  for  each  track,  except  that  at  stations, 
switches,  turn-outs,  curves  and  cross  overs  the  width  may  be 
increased  to  the  extent  permitted  by  the  width  of  the  tunnel. 
The  tracks  wherever  passing  over  or  under  the  streets  shall 
be  placed  over  or  under  the  central  part  of  the  street,  except 
that  no  tunnel  or  viaduct  or  any  wall  or  part  thereof  under  or 
along  a  street,  shall,  except  at  the  stations,  station  approaches, 
curves  and  at  places  of  access  to  sub-surface  structures,  as 

184 


Ft.  George  Change  of  Route 

hereinafter  provided,  be  within  a  distance  of  five  feet  of  the 
exterior  line  or  side  of  the  street.  The  tracks  shall  in  all  cases 
be  placed  in  tunnels,  except  only  that  on  the  west  side  route 
on  the  Boulevard  at  or  near  One  Hundred  and  Twenty-fourth 
street  the  tracks  shall  emerge  from  the  tunnel  and  be  carried 
upon  a  viaduct  along  the  Boulevard  to  a  point  at  or  near  One 
Hundred  and  Thirty-fourth  street  and  there  be  taken  again 
into  tunnel,  and  except  also  that  on  the  west  side  route  at 
a  point  at  or  near  One  Hundred  and  Ninetieth  street  the 
tracks  shall  again  emerge  from  the  tunnel  and  be  carried  upon 
a  viaduct  over  private  property  and  the  above-fmentioned 
streets  to  the  Kingsbridge  station,  and  except  also  that  on  the 
east  side  from  a  point  on  Westchester  avenue  at  or  near  Ber- 
gen avenue  the  tracks  shall  emerge  from  the  tunnel  and  be 
carried  upon  a  viaduct  over  and  along  Westchester  avenue 
and  the  other  streets  above  mentioned  to  Bronx  Park. 

Wherever  the  tracks  change  from  tunnel  to  viaduct,  or  from 
viaduct  to  tunnel,  the  change  shall  be  so  made  as  to  occupy 
or  obstruct  the  use  of  the  surface  of  the  street  to  the  least  pos- 
sible extent  consistent  with  the  proper  gradient  for  the  tracks. 

The  roof  of  the  tunnel  shall  be  as  near  the  surface  of  the 
street  as  street  conditions  and  grades  will  permit.  The  tun- 
nel shall  not  be  less  than  thirteen  feet  in  height  in  the  clear 
The  maximum  width  of  the  tunnel  in  the  clear  shall  be  as 
follows : 

For  the  route  under  Park  Row  and  the  City  Hall  Park  loop, 
thirty-eight  feet;  for  the  route  from,  at  or  near  the  south  end 
of  Centre  street  and  to  the  commencement  of  ,Ne\v  Elm  street 
fifty  feet ;  for  the  route  from,  at,  or  near  the  commencement  of 
New  Elm  street  to  Lafayette  place,  sixty-eight  feet;  for  the 
route  from,  at  or  near  the  commencement  of  Lafayette  place 
to  the  junction  at  or  near  One  Hundred  and  Third  street,  fifty 
feet;  for  the  west  side  route  from  the  junction  at  or  near  One 
Hundred  and  Third  street  to  Kingsbridge  station,  twenty-five 
feet;  and  for  the  east  side  route  from,  at  or  near  the  junction 
at  One  Hundred  and  Third  street  to  Bronx  Park,  twenty-five 
feet;  except  that  wherever  the  nature  of  the  streets  necessitates 
a  curve  that  an  additional  width  of  tunnel  may  be  added  not 
exceeding  three  feet  for  each  track,  and  except  that  on  Fourth 
avenue,  from  Thirty-second  street  to  Forty-third  street,  the 

185 


Ft.  George  Change  of  Route 

permissible  width  shall  be  sixty-five  feet;  and  for  the  tunnel 
beneath  the  Harlem  River  and  its  approaches,  the  permissible 
width  shall  be  thirty-five  feet.  At  each  cross  street  where  ac- 
commodations for  pipes,  wires,  sewers  and  other  sub-surface 
structures  have  been  provided  within  the  tunnel,  the  tunnel 
may,  in  order  to  provide  convenient  access  to  such  pipes,  wires, 
sewers  and  other  sub-surface  structures,  have,  within  the  limit 
of  the  sides  or  exterior  lines  of  such  cross  street  or  such  lines 
produced,  an  additional  width  on  each  side  of  the  route,  not  to 
exceed  fifteen  feet,  and  the  area  of  additional  width  on  either 
side  not  to  approach  nearer  than  twelve  feet  to  either  side  or 
exterior  line  of  such  cross  street.  Footways  between  the 
tracks  shall  be  provided  the  whole  length  of  the  line  and 
accommodations  arranged  for  the  convenience  and  protection 
of  employees. 

Whenever  necessary  for  the  proper  support  of  the  street  sur- 
face, the  roof  of  the  tunnel  shall  be  of  iron  or  steel  girders 
with  brick  or  concrete  arches  supported  by  iron  or  steel  col- 
umns and  masonry  walls,  or  the  roof  shall  be  a  masonry  arch. 
Viaducts  shall  be  built  with  a  width  of  twelve  and  one-half  feet 
for  each  track  and  with  an  additional  width  of  three  feet  on 
each  side  for  outside  footways.  Viaducts  may  be  built  of 
metal  or  masonry,  or  of  both. 

Adjacent  tracks  shall  be  connected  by  necessary  and  suit- 
able switches  and  connections,  and  an  additional  track  for 
siding  accommodation  may  be  constructed,  not  to  exceed  in 
length  one-quarter  of  a  mile  for  each  mile  of  roadway,  but 
provided  always  that  the  side  of  the  tunnel  shall  not,  by  the 
enlargement  of  the  tunnel  for  that  purpose,  be  brought  within 
five  feet  of  the  exterior  line  or  side  of  the  street. 

Along  Elm  street,  wherever  the  tunnel  shall  be  in  the  clear 
not  less  than  sixty-eight  feet  wide,  the  pipes,  wires,  sewers 
and  other  sub-surface  structures  shall  be  placed  in  suitable 
galleries  in  the  tunnel  at  the  outside  of  the  exterior  tracks. 
But  any  such  pipes,  wires,  sewers  and  other  sub-surface  struc- 
tures may  be  placed  in  suitable  galleries  beneath  the  tracks,  or 
such  pipes,  wires,  sewers  and  other  sub-surface  structures  may 
be  placed  in  the  ground  above  or  at  the  sides  of  the  tunnel, 
or  at  the  outside  of  the  exterior  tracks,  and  whenever  so  placed 
beneath  the  tracks,  or  in  the  ground  above  or  at  the  sides 

186 


Ft.  George  Change  of  Route 

of  the  tunnel,  the  width  of  the  tunnel  on  New  Elm  street  shall 
not  be  more  than  fifty  feet.  Pipes,  wires,  sewers  and  other 
sub-surface  structures  shall,  at  any  part  of  the  said  routes,  be 
removed  or  disturbed  only  when  necessary  for  the  construc- 
tion and  operation  of  the  railway,  and,  if  removed  or  disturbed, 
shall  be  placed  under  the  streets  in  such  manner  and  in  such 
location  that  the  use  and  service  thereof  shall  not  be  impaired. 
Such  pipes,  wires,  sewers  and  other  sub-surface  structures 
shall  be  left  or  shall  be  so  arranged  as  to  give  free  access  for 
their  repair  or  alteration,  or  for  the  placing  with  them  of  new 
pipes,  wires,  sewers  and  other  like  structures,  and  for  making 
connections  between  the  same  and  buildings  at  any  time. 

Stations  and  station  approaches  shall,  in  general,  be  at  the 
intersection  of  streets  and  shall  be  built  under,  or,  if  the  posi- 
tion of  the  tracks  so  require,  over,  the  streets  and  immediately 
adjoining  private  abutting  property,  or  throngh  private  prop- 
erty to  be  acquired  for  the  purpose,  or  both  under  or  over 
streets  and  through  private  property  as  aforesaid,  except  that 
on  the  Boulevard  stations  and  station  approaches  may  be  in  the 
centre  of  the  street.  The  streets  under  or  over  which  stations 
or  station  approaches  shall  be  built  may  include  cross  streets, 
but  no  part  of  any  cross  street  shall  be  used  for  station  or  sta- 
tion approach  at  a  distance  greater  than  seventy-five  feet  from 
the  exterior  line  or  side  of  the  street  of  the  route.  The  word 
"street,"  wherever  used  herein,  shall  include  an  avenue  or 
public  place. 

Along  the  Boulevard  there  may  be  openings  in  the  surface 
of  the  street  from  the  tunnel  for  the  purpose  of  ventilation  and 
light ;  such  openings  shall  be  guarded  by  convenient  and  orna- 
mental inclosures.  The  openings  shall  not  exceed  twenty  feet 
in  width  and  fifty  feet  in  length.  No  two  openings  shall  be 
within  fifty  feet  of  each  other.  No  opening  or  part  thereof 
shall  be  within  the  limits  of,  or  opposite  to,  any  street  inter- 
secting the  Boulevard ;  and  within  the  distance  of  any  one 
block  on  the  Boulevard  between  any  two  adjacent  crossing 
streets  there  shall  not  be  more  than  two  such  openings. 

The  general  mode  of  operation  shall  be  by  electricity  or 
some  other  power  not  requiring  combustion  within  the  tun- 
nels or  on  the  viaducts,  and  the  motors  shall  be  capable  of 

187 


Ft.  George  Change  of  Route 

moving  trains  at  a  speed  of  not  less  than  forty  miles  per  hour 
for  long  distances,  exclusive  of  stops. 

The  manner  of  construction  shall  be  by  tunnelling  or  open 
excavation ;  it  is  further 

Resolved,  That  plans  be  prepared  to  show  the  route  and 
general  plan,  in  so  far  as  they  are  hereby  adopted,  which  said 
plans,  when  formally  adopted,  shall  be  deemed  to  be  incor- 
porated herein  and  to  form  a  part  hereof. 

February  4,  1897. 

Resolved,  That  this  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  The  City  of  New  York  hereby  adopts  the  draw- 
ings now  produced,  and  numbered  from  i  to  60,  both  inclusive, 
as  showing  the  route  and  general  plan  adopted  by  resolution 
of  this  Board  on  January  14,  1897,  and  that  as  provided  in  the 
said  resolution  the  said  drawings  be  deemed  incorporated  in 
and  to  form  part  of  the  said  resolution ;  and  it  is  further 

Resolved,  That  the  said  route  and  general  plan,  with  the 
said  drawings,  and  the  said  resolution  of  January  14,  1897,  be, 
and  they  hereby  are  adopted  by  this  Board. 

The  foregoing  contract  is  hereby  approved  as  to  form. 

Dated  New  York,  June  21,  1900. 

THEODORE  CONNOLY, 

ACTING  CORPORATION-  COUNSEL 
OF  THE  CITY  OF  NEW  YORK. 


188 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN  B.  MCDONALD 

Contractor 


AGREEMENT 

Modifying    Contract   for    Construction   and    Operation 
of    Rapid    Transit    Railroad 


Dated,    January    10th,    1901 
Executed,  February,   1901 


City  Hall  Changes,  etc. 

Agreement,  made  this  loth  day  of  January,  in  the  year 
1901,  between  the  CITY  OF  NEW  YORK,  hereinafter  called  the  City, 
acting  by  the  Board  of  Rapid  Transit  Railroad  Commissioners  for 
the  City  of  New  York,  hereinafter  called  the  Board,  party  of  the 
first  part,  and  JOHN  B.  MCDONALD,  of  the  City  of  New  York, 
hereinafter  called  the  Contractor,  party  of  the  second  part. 

WHEREAS  heretofore,  and  on  or  about  the  2ist  day  of  February, 
1900,  the  City,  acting  by  the  Board,  entered  into  a  contract  with 
the  Contractor  for  the  construction  and  operation  of  a  Rapid  Tran- 
sit Railroad  in  the  City  of  New  York,  and  otherwise,  as  therein 
mentioned,  the  said  contract  being  hereinafter  styled  the  Contract 
for  Construction  and  Operation,  which  contract  was  on  said  day 
modified  in  certain  respects  by  a  further  agreement  between  the 
said  parties,  bearing  the  same  date;  and 

WHEREAS,  the  Contractor  furnished  the  bonds  and  gave  the 
security  required  by  said  contract  and  agreement  modifying  the 
same ;  and 

WHEREAS,  the  plans  and  specifications  of  said  railroad  contem- 
plated and  required  the  construction  of  a  terminal  loop  at  the  City 
Hall  Park,  and  the  parties  desire  that  the  said  loop  shall  be  shorter 
and  less  expensive  than  as  provided  in  the  said  contract  and  that 
the  same  shall  be  constructed  in  accordance  with  the  plans  herein- 
after mentioned, 

NOW,    therefore,    in  consideration  of  the  premises  and  of 
the  covenants  and  agreements  hereinafter  contained, 

It  is  agreed  as  follows: 

The  City  and  the  Board,  upon  the  request  and  approval  herein- 
after mentioned,  hereby  require  so  much  of  the  work  and  material 
specified  and  provided  to  be  done  and  furnished  in  said  contract 
in  the  construction  of  the  said  loop  as  planned  and  shown  by  the 
Contract  Drawings  Nos.  A  i  and  C  i  to  C  5  inclusive,  dated  7th 
April,  1898,  to  be  omitted,  and  the  Contractor  hereby  requests  the 
Board  to  make  such  requirement,  and  approves  the  same. 

And  it  is  hereby  FURTHER  AGREED  that  the  Contractor  shall  con- 
struct the  said  loop  in  accordance  with  the  plans  hereunto  annexed, 
marked  "Contract  Drawing  No.  A  i  (amended)"  dated  loth  Jan- 

191 


City  Hall  Changes,  etc. 

uary,  1901,  all  of  which  loop  shall  lie  under  the  City  Hall  Park, 
including  that  portion  of  said  Park  known  as  Mail  street,  lying 
north  of  the  Post  Office  Building  and  a  portion  of  Park  Row  be- 
tween the  south-  end  of  Centre  street  and  Beekman  street. 

The  Contractor  covenants  and  agrees  to  construct  the  said  last 
mentioned  terminal  loop  in  accordance  with  the  said  requirement 
hereby  made,  and  covenants  and  admits  that  the  said  loop  as  so 
required  is  now  lawfully  and  duly  authorized  by  the  Board,  and 
the  Contractor  for  himself,  his  successor  or  successors  and  assigns 
hereby  covenants  and  agrees  that  neither  he  nor  they  nor  any  of 
them  will  either  directly  or  indirectly  claim  or  assert  to  the  con- 
trary in  any  action  or  proceeding  which  may  at  any  time  be 
brought  against  him,  or  any  of  them,  or  which  he  or  any  of  them 
may  bring  or  to  which  he  or  any  of  them  may  be  a  party  or  par- 
ties, under  or  by  reason  of  the  said  contract  for  construction  and 
operation,  or  any  provision  thereof,  Provided,  however,  that  in 
case  the  Contractor  shall  at  any  time  be  lawfully  required  to  con- 
struct a  terminal  loop  as  originally  described  in  the  contract  for 
construction  and  operation,  no  part  of  the  amount  paid  the  Con- 
tractor for  the  construction  of  such  part  of  the  loop  as  hereby  pro- 
vided to  be  constructed  as  is  not  coincident  with  the  loop  as  so 
originally  described,  shall  be  charged  against  the  Contractor  as 
payment  on  account  of  the  construction  of  the  loop  as  originally 
described,  but  the  work  done  in  construction  of  the  said  part  of  the 
loop  as  hereby  provided  shall  in  such  case  be  considered  additional 
work  under  the  said  contract  for  construction  and  operation  and 
allowed  accordingly. 

PROVIDED  FURTHER,  AND  IT  is  EXPRESSLY  AGREED,  that  this  agree- 
ment shall  take  effect  when  and  only  when  the  following  consents 
hereto  and  approvals  hereof  shall  be  duly  had,  to  wit,  the  con- 
sents as  subjoined  of  Rapid  Transit  Subway  Construction  Com- 
pany; The  United  States  Fidelity  &  Guaranty  Company;  The 
City  Trust,  Safe  Deposit  and  Surety  Company  of  Philadelphia; 
American  Surety  Company  of  New  York ;  National  Surety  Com- 
pany, ami  Perry  Belmont. 

In  Witness  whereof,  this  contract  has  been  executed 
for  the  City  of  New  York,  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners,  under  and  by  a  resolution  duly  adopted  by  said 
Board  concurred  in  by  six  of  its  members,  and  the  seal  of  the  said 

192 


OYv  Hall  Changes,  etc. 

Board  has  been  hereto  affixed,  and  these  presents  signed  by  the 
President  and  Secretary  of  the  said  Board,  and  the  Contractor  has 
hereunto  set  his  hand  and  seal  the  day  and  year  first  above  written. 

JOHN  B.  McDONALD.  [SEAL.] 

THE  BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS, 

By  A.  E.  ORR, 

President. 
BION  L.  BURROWS, 

Secy.  [SEAL.] 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK/ 

On  this  I4th  day  of  February,  1901,  at  the  City  of  New  York, 
in  said  County,  before  me  personally  appeared  Alexander  E.  Orr 
and  Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be,  the 
said  Alexander  E.  Orr,  the  president,  and  the  said  Bion  L.  Bur- 
rows, the  secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  New  York ;  and  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the 
said  City,  that  he  was  the  president  of  the  said  Board  and  that  he 
subscribed  his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he  resided 
in  the  Borough  of  Brooklyn,  in  the  said  City  of  New  York,  that 
he  was  the  secretary  of  the  said  Board  and  that  he  subscribed 
his  name  thereto  by  like  authority;  and  both  the  said  Alexander 
E.  Orr  and  Bion  L.  Burrows  that  they  knew  the  seal  of  the  said 
Board  and  that  the  same  was  affixed  to  the  foregoing  instrument 
by  the  authority  of  the  said  Board  and  of  a  resolution  duly 
adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

Notary  Public  for  Kings  County,  N.  Y. 
•  Certificate  filed  in  New  York  County. 

[NOTARIAL  SEAL.] 


193 


City  Hall  Changes,  etc. 


STATE  OF  NEW  YORK. 
COUNTY  OF  NEW 


On  this  nth  day  of  February,  1901,  before  me  personally  ap- 
peared John  B.  McDonald,  to  me  known  and  known  to  me  to  be 
the  person  and  Contractor  named  in  and  who  executed  the  fore- 
going contract,  and  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS, 
Notary  Public  (34), 

N.  Y.  Co. 
[NOTARIAL  SEAL.] 

The  Undersigned,  being  the  sureties  of  John  B.  Mc- 
Donald, the  Contractor  above  mentioned,  upon  the  continuing 
bond  in  the  penalty  of  One  million  dollars  ($1,000,000)  and  the 
bond  for  construction  and  equipment  in  the  penalty  of  Five  mil- 
lion dollars  ($5,000,000)  hereby  consent  to  the  making  of  the 
foregoing  instrument. 

Dated  New  York,  January  loth,  1901. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION 
COMPANY, 

By  W.  G.  OAKMAN, 

[SEAL.]  Vice-Prest. 

Attest  : 

FREDERICK  EVANS, 

Secretary. 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND 
SURETY  COMPANY  OF  PHILADELPHIA, 

160  BROADWAY,  N.  Y. 
JNO.  A.  SULLIVAN, 

Vice-President. 
P.  H.  MOONEY, 
[SEAL.]  Asst.  Secretary. 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 

By  H.  D.  LYMAN, 

President. 
G.  M.  SWEENEY, 

Secretary. 
[SEAL.] 

194 


City  Hall  Changes,  etc. 

THE  UNITED  STATES  FIDELITY  AND  GUARANTY 
COMPANY, 

By  JOHN  R.  BLAND, 

President. 

Attest  :  [SEAL.] 

WYLLYS  BENEDICT, 

Attorney  in  Fact. 
NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

President. 

Attest  :  [SEAL.] 

BALLARD  McCALL, 

Secretary. 
PERRY  BELMONT.  [SEAL.] 

STATE  OF  NEW  YORK,  ) 
COUNTY  OF  NEW 


On  the  nth  day  of  February,  1901,  before  me  personally  ap- 
peared Perry  Belmont,  to  me  known  and  known  to  me  to  be  the 
individual  described  in  and  who  executed  the  foregoing  consent, 
and  he  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS, 
[NOTARIAL  SEAL.]  Notary  Public  (34), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 
COUNTY  OF  NEW  YORK,  ^  s 

On  this  1  3th  day  of  February,  1901,  before  me  personally  ap- 
peared John  R.  Bland,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  President  of  The 
United  States  Fidelity  &  Guaranty  Company,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company  ;  that  the  seal  affixed 
to  said  consent  was  such  corporate  seal  ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also,  on  the 
nth  day  of  February,  1901,  before  me  personally  appeared  John 
A.  Sullivan,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say  that  he  was  the  Vice-President  of  The  City 
Trust  Safe  Deposit  and  Surety  Company  of  Philadelphia,  the  cor- 

195 


City  Hall  Changes,  etc. 

poration  described  in  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company ;  that  the  seal 
affixed  to  said  consent  was  such  corporate  seal;  that  it  was  af- 
fixed thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority.  And 
also,  on  the  eleventh  day  of  February,  1901,  before  me  person- 
ally appeared  Henry  D.  Lyman,  tp  me  known,  "who  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  was  the  President  of 
American  Surety  Company  of  New  York,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company ;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also,  on  the  I4th 
day  of  February,  1901,  before  me  personally  appeared  Charles  A. 
Dean,  to  me  known,  who  being  by  me  first  duly  sworn,  did  depose 
and  say  that  he  was  the  President  of  National  Surety  Company 
of  New  York,  the  corporation  described  in  and  which  executed 
the  foregoing  consent ;  that  he  knew  the  corporate  seal  of  said 
company ;  that  the  seal  affixed  to  said  consent  was  such  corpor- 
ate seal;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  company,  and  that  he  signed  his  name  thereto  by 
like  authority.  And  also  on  the  nth  day  of  February,  1901,  be- 
fore me  personally  appeared  Walter  G.  Oakman,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say  that  he  was 
the  Vice-President  of  Rapid  Transit  Subway  Construction  Com- 
pany, the  corporation  described  in  and  which  executed  the  fore- 
going consent ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  the  seal  affixed  to  said  consent  was  such  corporate  seal ;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
Notary  Public  (34), 
[NOTARIAL  SEAL.]         N.  Y.  Co. 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO  FORM. 
Dated,  New  York,  January  ,  1901. 

JOHN  WHALEN, 
Corporation  Counsel. 

196 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN  B.  MCDONALD 

Contractor 


AGREEMENT 

Modifying    Contract    for    Construction  and    Operation 
of    Rapid    Transit    Railroad 


Dated,    May    2d,     1901 
Executed,    September,     1901 


Siding  and  Terminals 

Agreement  made  this  second  day  of  May,  in  the  year  1901, 
between  the  CITY  OF  NEW  YORK,  hereinafter  called  the  City,  act- 
ing by  the  Board  of  Rapid  Transit  Railroad  Commissioners 
for  the  City  of  New  York,  hereinafter  called  the  Board,  party 
of  the  first  part,  and  JOHN  B.  McDoNAU),  of  the  City  of  New 
York,  hereinafter  called  the  Contractor,  party  of  the  second 
part,  WITNESSETH  : 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of  Febru- 
arv,  1900,  the  City,  acting-  by  the  Board  entered  into  a  contract 
with  the  Contractor  for  the  construction  and  operation  of  a 
Rapid  Transit  Railroad  in  the  City  of  New  York  and  other- 
wise as  therein  mentioned,  the  said  contract  being  hereinafter 
styled  the  Contract  for  Construction  and  Operation;  which 
contract  was  on  said  day  modified  in  certain  respects  by  a 
further  agreement  between  the  said  parties  bearing  the  same 
date ;  and  which  contract  has  been  further  modified  by  a  cer- 
tain other  agreement  between  the  said  parties,  bearing  date 
January  10,  1901 ;  and 

WHEREAS,  The  Contractor  has  deposited  with  the  Comptroller 
of  the  City  certain  security  for  the  performance  of  the  said  con- 
tract for  construction  and  operation  on  his  part  and  has  given 
certain  bonds  as  further  security  for  such  performance  and 
upon  such  bonds  there  are  sureties  as  follows :  Rapid  Transit 
Subway  Construction  Company,  The  United  States  Fidelity 
&  Guaranty  Company,  The  City  Trust,  Safe  Deposit  and 
Surety  Company  of  Philadelphia,  American  Surety  Company 
of  New  York,  National  Surety  Company,  and  Perry  Belmont ; 
and 

WHEREAS,  It  is  in  said  Contract  for  Construction  and  Opera- 
tion provided  that  the  said  Board  of  Rapid  Transit  Railroad 
Commissioners  shall  have  the  right  for  any  section  of  the  rail- 
road to  require  additional  work  to  be  done  or  additional  ma- 
terials to  be  furnished  or  both,  within  the  general  purview  of 
a  rapid  transit  railroad  as  therein  described,  the  reasonable 
value  of  which  should  be  additionally  paid  to  the  contractor ; 
and 

WHEREAS,  The  Contractor  desires,  and  the  .Board  approves,  a 
modification  of  the  said  Contract  for  the  Construction  and 
Operation  as  set  forth  in  certain  resolutions,  adopted  by  the 

199 


Siding  and  Terminals 

Board  on  May  2,  1901,  a  copy  of  which  is  hereto  annexed,  in 
order  to  provide  for  the  additional  construction  of  certain 
tracks  as  in  said  resolutions  and  herein  described, 

NOW,  therefore,  in  consideration  of  the  premises,  and 
subject  to  the  consents  hereinafter  provided,  it  is  agreed 
that  the  said  contract  be  and  the  same  is  hereby  modified  as 
follows : 

In  addition  to  the  tracks  to  be  laid  as  prescribed  in  the  Speci- 
fications in  said  contract  contained  under  the  head  "i.  Gen- 
eral Description,"  the  Contractor  shall,  at  the  time  of  con- 
structing the  same,  also  lay  and  construct  a  sidetrack  along 
the  portion  of  the  line  of  railroad  as  in  said  Specifications  de- 
scribed, extending  along  the  Boulevard  (now  Broadway)  from 
a  point  at  or  near  the  north  side  of  One  Hundred  and  Third 
Street  to  the  southerly  side  of  One  Hundred  and  Thirty- 
seventh  Street,  the  same  to  be  laid  and  constructed  in  accord- 
ance with  plans  and  drawings  to  be  prepared  and  issued  by  the 
Chief  Engineer  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners. And  it  is  hereby  AGREED  that  the  reasonable 
value  of  constructing  said  sidetrack  shall  be  deemed  a  part  of 
the  cost  of  constructing  said  rapid  transit  railroad,  and  shall 
be  ascertained  and  determined  and  paid  to  the  Contractor  in 
the  manner  provided  in  the  contract  for  the  construction  and 
operation  of  said  rapid  transit  railroad  in  addition  to  the 
amounts  in  said  contract  agreed  to  be  paid  unto  said  Contractor, 
and  such  additional  amounts  so  paid  shall  be  included  in  the 
total  cost  of  the  construction  of  the  said  railroad  in  determin- 
ing the  amount  of  rental  to  be  paid  under  said  contract  in  like 
manner  as  if  said  sidetrack  had  been  originally  authorized 
therein ;  and 

WHEREAS,  It  is  in  said  Contract  for  the  Construction  and 
Operation  of  the  rapid  transit  railroad  further  provided  that 
the  Contractor  shall  locate  and  furnish  terminal  grounds  sub- 
ject to  the  approval  of  said  Board  having  a  mileage  of  not  less 
than  five  miles  and  capable  of  storing  the  equipment  to  be  fur- 
nished under  said- contract  for  which  he  is  to  be  paid  as  speci- 
fied therein  amounts  not  exceeding  in  all  the  sum  of  One 
million  seven  hundred  and  fifty  thousand  dollars  ($1,750,000). 

200 


Siding  and  Terminals 

It  is  hereby  agreed,  that  the  Contractor  shall  construct 
as  a  part  of  such  terminals  three  additional  tracks  on  either  side 
of  the  main  track  on  the  portion  of  the  west  side  line,  ex- 
tending along  the  Boulevard  (now  Broadway)  between  the 
station  at  One  Hundred  and  Thirty-seventh  street  and  the 
station  at  One  Hundred  and  Forty-fifth  street,  and  that  the 
exact  cost  thereof,  together  with  ten  per  cent.  (10%)  thereon 
in  addition  thereto  shall  be  allowed  and  paid  the  Contractor, 
as  in  said  contract  provided,  and  charged  against  said  Con- 
tractor as  a  payment  on  account  of  the  total  sum  of  One 
Million  Seven  Hundred  and  Fifty  Thousand  Dollars  ($1,750,- 
ooo)  allowed  in  said  contract  for  terminals  as  aforesaid. 

PROVIDED,  HOWEVER,  and  it  is  expressly  AGREED  that  this 
agreement  shall  take  effect  when  and  only  when  the  following 
consents  hereto  and  the  approvals  hereof  shall  be  duly  had, 
to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway  Con- 
struction Company,  The  United  States  Fidelity  &  Guaranty 
Company,  The  City  Trust,  Safe  Deposit  &  Surety  Company 
of  Philadelphia,  American  Surety  Company  of  New  York,  Na- 
tional Surety  Company,  and  Perry  Belmont. 

In  witness  whereof  this  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid  Transit  Rail- 
road Commissioners  under  and  by  a  resolution  duly  adopted 
by  said  Board,  concurred  in  by  more  than  six  of  its  mem- 
bers, and  the  seal  of  the  said  Board  has  been  hereto  affixed 
and  these  presents  signed  by  the  president  and  secretary  of 
the  said  Board  and  the  Contractor  has  hereto  set  his  hand 
and  seal  the  day  and  year  first  above  written. 

[SEAL.]  JOHN  B.  MCDONALD. 

BOARD  OF  RAPID  TRANSIT  R.  R. 

COMRS., 

By  A.  E.  ORR, 
PREST. 

[SEAL.]  BION  L.  BURROWS, 

SECY. 


201 


Siding  and  Terminals 

STATE  OF  NEW  YORK.  ) 

>  ss  * 
COUNTY  OF  NEW  YORK,J 

On  this  27th  day  of  Sept.,  1901,  in  the  City  of  New  York,  in 
said  County,  before  me  personally  appeared  Alexander  E.  Orr 
and  Bion  L.  Burrows,  each  to  me  known  and  known  to  me  to  be, 
the  said  Alexander  E.  Orr,  the  president,  and  the  said  Bion  L. 
Burrows,  the  secretary  of  the  Board  of  Rapid  Transit  Rail- 
road Commissioners  for  The  City  of  New  York  ;  and  the 
said  Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by  me 
duly  sworn,  did  depose  and  say,  each  for  himself  and  not 
one  for  the  other,  the  said  Alexander  E.  Orr,  that  he  resided 
in  the  Borough  of  Brooklyn  in  the  said  City,  that  he  was  the 
president  of  the  said  Board  and  that  he  subscribed  his  name 
to  the  foregoing  contract  by  virtue  of  the  authority  thereof, 
and  the  said  Bion  L.  Burrows,  that  he  resided  in  the  Borough 
of  Manhattan  in  the  said  City,  that  he  was  the  secretary  of 
the  said  Board  and  that  he  subscribed  his  name  thereto  by 
like  authority  ;  and  both  the  said  Alexander  E.  Orr  and  Bion 
L.  Burrows  that  they  knew  the  seal  of  the  said  Board  and 
that  the  same  was  affixed  to  the  foregoing  instrument  by 
the  authority  of  the  said  Board  and  of  a  resolution  duly  adopt- 
ed by  the  same. 

H.  A.  D.  HOLLMANN, 
[SEAL]  NOTARY  PUBLIC  FOR  KINGS  COUNTY,  N.  Y. 

Certificate  filed  in  New  York  County. 


STATE  OF  NEW  YORK,  1 

' 

COUNTY  OF  NEW 


On  this  2Oth  day  of  September,  1901,  before  me  personally 
appeared  John  B.  McDonald,  to  me  known  and  known  to 
me  to  be  the  person  and  Contractor  named  in  and  who 
executed  the  foregoing  contract,  and  acknowledged  to  me 
that  he  executed  the  same. 

A.  W.  ANDREWS     (36), 

[NOTARIAL]  NOTARY  PUBLIC, 

[    SEAL.     ]  N.  Y.  Co. 


202 


Siding  and  Terminals 

The  Undersigned,  being  the  sureties  of  John  B.  Mc- 
Donald, the  Contractor  above  mentioned,  upon  the  continuing  bond 
in  the  penalty  of  One  Million  Dollars  ($1,000,000)  and  the  bond 
for  construction  and  equipment  in  the  penalty  of  Five  Million 
Dollars  ($5,000,000),  respectively  hereby  consent  to  the  mak- 
ing of  the  foregoing  instrument. 

Dated,  New  York,  September  2Oth,  1901. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION 
COMPANY, 

By  W.  G.  OAKMAN, 

[SEAL.]  VICE-PRESIDENT. 

[SEAL.]  PERRY  BELMONT. 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 

DAVID  B.   SICKELS, 

VICE-PRESIDENT. 
C.  E.  MILLEN, 

ASST.  SECRETARY. 
[SEAL.] 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURETY  COM- 
PANY OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 
JNO.  A.  SULLIVAN, 

VICE-PRESIDENT. 
P.  H.  MOONEY, 

ASST.  SECRETARY. 
[SEAL.] 
NATIONAL  SURETY  COMPANY, 

By  CHAS.   A.   DEAN, 

PRESIDENT. 

ATTEST:  [SEAL.] 

HENRY  M.  CHILDS,   ' 

ASST.  SECRETARY. 

THE    UNITED   STATES    FIDELITY    AND    GUARANTY 
COMPANY, 

By  ANDREW  FREEDMAN, 

VICE-PRESIDENT. 
Attest :  [SEAL.] 

G.  TERRY  SINCLAIR, 

ATTORNEY  IN  FACT. 


203 


Siding  and  Terminals 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  the  2Oth  day  of  September,  1901,  before  me  personally  ap- 
peared Perry  Belmont,  to  me  known  and  known  to  me  to  be  the 
individual  described  in  and  who  executed  the  foregoing  consent, 
and  he  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS  (36), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

L  gg   • 

COUNTY  OF  NEW  YORK.J 

On  this  26th  day  of  September,  1901,  before  me  personally  ap- 
peared Andrew  Freedman  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President  of 
The  United  States  Fidelity  &  Guaranty  Company  of  Maryland,  the 
corporation  described  in  and  which  executed  the  foregoing  con- 
sent ;  that  he  knew  the  corporate  seal  of  said  company ;  that  the 
seal  affixed  to  said  consent  was  such  corporate  seal;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority.  And 
also,  on  the  23d  day  of  September,  1901,  before  me  personally 
appeared  John  A.  Sullivan  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President  of 
The  City  Trust,  Safe  Deposit  and  Surety  Company  of  Philadel- 
phia, the  corporation  described  in  and  which  executed  the  fore- 
going consent ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  the  seal  affixed  to  said  consent  was  such  corporate  seal;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 
And  also  on  the  23d  day  of  September,  1901,  before  me  personally 
appeared  David  B.  Sickels  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President  of 
American  Surety  Company  of  New  York,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company ;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also  on  the  25th 

204 


Siding  and  Terminals 

day  of  September,  1901,  before  me  personally  appeared  Charles 
A.  Dean,  to  me  known,  who  being  by  me  first  duly  sworn,  did  de- 
pose and  say  that  he  was  "the  President  of  National  Surety  Com- 
pany, the  corporation  described  in  and  which  executed  the  fore- 
going consent ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  the  seal  affixed  to  said  consent  was  such  corporate  seal,  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 
And  also  on  the  23d  day  of  September,  1901,  before  me  personally 
appeared  Walter  G.  Oakman,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President  of 
Rapid  Transit  Subway  Construction  Company,  the  corporation 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company ;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS,  (36), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO  FORM. 
Dated,  New  York,  Sept.  16,  1901. 

JOHN  WHALEN, 

CORPORATION  COUNSEL. 


Resolution  Adopted  by  the  Rapid  Transit  Board  on  May  2,  1901. 

WHEREAS,  This  Board  has  heretofore  and  on  or  about  the 
25th  day  of  April,  1901,  received  from  John  B.  McDonald,  con- 
tractor, a  request  as  follows : 

"  NEW  YORK,  April  25,  1.901.     , 

To  the  Honorable  Board  of  Rapid  Transit  Railroad  Commis- 
sioners: 

GENTLEMEN  :  I  have  the  honor  to  apply  to  the  Board  for  per- 
mission to  construct  a  siding  from  a  point  at  or  near  the  north 

205 


Siding  and  Terminals 

side  of  One  Hundred  and  Third  Street  to  the  southerly  side  of 
One  Hundred  and  Thirty-seventh  Street. 

A  part  of  this  siding-  has  already  be'en  authorized  by  a  resolu- 
tion adopted  by  the  Board  on  January  24th  last.  Another  part  of 
the  siding  was  authorized  by  a  resolution  of  the  Board  passed 
March  7,  1901,  approving-  the  construction  as  a  part  of  the  termi- 
nal of  a  third  or  storage  track  between  One  Hundred  and  Third 
and  One  Hundred  and  Sixteenth  Streets. 

The  construction  of  the  proposed  siding  and  the  other  sidings 
already  authorized  will  not  exceed  in  length  one-quarter  of  a  mile 
for  each  mile  of  roadway. 

I  also  apply  for  permission  to  construct  three  tracks  as  ter- 
minals on  either  side  of  the  main  track,  between  the  stations  of 
One  Hundred  and  Thirty-seventh  street  and  One  Hundred  and 
Forty-fifth  street,  and  to  expend  therefor  the  cost  of  constructing 
the  third  or  storage  track,  between  One  Hundred  and  Third  street 
and  One  Hundred  and  Sixteenth  street,  as  authorized  by  the  reso- 
lution of  the  Board  passed  March  7,  1901. 

Yours  respectfully, 

(Signed)  JOHN  B.  McDONALD," 

and 

WHEREAS,  This  Board  did,  on  the  7th  day  of  March,  1901, 
adopt  a  certain  resolution  as  follows : 

"RESOLVED,  That  the  request  of  the  contractor,  John  B.  McDon- 
ald, for  the  construction  of  a  third  or  storage  track  between  the 
regular  tracks  of  the  west  side  line,  between  One  Hundred  and 
Third  and  One  Hundred  and  Sixteenth  streets,  be  granted,  pro- 
vided that  the  cost  thereof  shall  be  deducted  from  the  one  million 
seven  hundred  and  fifty  thousand  dollars,  which  is  the  maximum 
liability  of  the  city  for  cost  of  terminals,  and  that  a  proper  stipu- 
lation or  contract  modifying  the  Rapid  Transit  Contract  in  this 
'respect  be  executed  by  the  contractor  and  his  sureties;  and  it  is 
further 

RESOLVED,  That  the  officers  of  this  Board  be  and  they  hereby 
are  authorized  to  execute  with  the  contractor  such  contract  with 
such  stipulation  or  amendatory  contract ;"  and 

206 


Siding  and  Terminals 

WHEREAS,  The  construction  hereinafter  described  is  for  the  in- 
terest of  the  City  and  will  materially  improve  rapid  transit  facil- 
ities on  the  routes  now  authorized ;  now,  therefore,  it  is 

RESOLVED,  That  the  said  resolution  of  7th  March,  1901,  be  and 
the  same  hereby  is  rescinded ;  and  it  is  further 

RESOLVED,  That  the  President  and  Secretary,  in  the  name  and 
under  the  seal  of  this  Board,  be  and  they  hereby  are  authorized  to 
execute  an  amendatory  contract  modifying  the  contract  for  con- 
struction and  operation,  as  follows : 

1.  That  a  side  track  be  constructed  on  the  portion  of  the  route 
extending  along  the  Boulevard  (now  Broadway),  from  a  point  at 
or  near  the  north  side  of  One  Hundred  and  Third  street  to  the 
southerly  side  of  One  Hundred  and  Thirty-seventh  street;  that 
the  work  of  such  construction  shall  be  done  and  paid  for  as  extra 
work  under  the  contract  for  construction  and  operation ;  that  the 
cost  thereof  shall  be  deemed  part  of  the  cost  of  the  Rapid  Transit 
Railway,  and  that  rental  therefor  is  to  be  paid  by  the  contractor 
in  all  respects  as  if  said  side  track  had  been  originally  authorized 
by  the  contract  for  construction  and  operation  made  between  the 
City  and  the  said  John  B.  McDonald. 

2.  That  three  additional  tracks  be  constructed  on  either  side  of 
the  main  track  on  the  portion  of  the  route  extending  along  the 
Boulevard  (now  Broadway),  between  the  station  at  One  Hundred 
and  Thirty-seventh  street  and  the  station  at  One  Hundred  and 
Forty-fifth  street;  that  such  additional  tracks  be  and  be  deemed 
part  of  the  terminals  provided  for  in  the  said  contract  for  con- 
struction and  operation,  and  that  the  cost  thereof •  shall  be  deducted 
from  the  $1,750,000  which  is  the  maximum  liability  of  the  City 
for  cost  of  terminals. 

3.  That  such  amendatory  contract  contain  such  other  details  and 
provisions  not  inconsistent  herewith  as  shall  be  approved  by  the 
President  of  the  Board. 

4.  That  such  contract  shall  take  effect  when  and  only  when  the 
following  consents  and  approvals  shall  have  been  duly  had :  Rapid 
Transit  Subway  Construction  Company ;  The  United  States  Fi- 
delity and  Guaranty  Company ;  The  City  Trust,  Safe  Deposit  and 
Surety  Company  of  Philadelphia ;  American  Surety  Company  of 
Xew  York,  National  Surety  Company  and  Perry  Belmont. 

207 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN  B.  MCDONALD 

Contractor 


AGREEMENT 

Modifying    Contract    for    Construction   and    Operation 
of    Rapid    Transit    Railroad 


Dated,    10th   April,    1902 


Correcting  Error  in  Contract 

Agreement  made  this  tenth  day  of  April,  in  the  year  1902, 
between  THE  CITY  OF  NEW  YORK,  hereinafter  called  the  City,  act- 
ing by  the  Board  of  Rapid  Transit  Railroad  Commissioners  for 
the  City  of  New  York,  hereinafter  called  the  Board,  party  of  the 
first  part,  and  JOHN  B.  MCDONALD,  of  the'  City  of  New  York, 
hereinafter  called  the  Contractor,  party  of  the  second  part,  WIT- 
NESSETH  : 

WHEREAS,  heretofore  and  on  or  about  the  2ist  day  of  Febru- 
ary, 1900,  the  City,  acting  by  the  Board,  entered  into  a  contract 
with  the  Contractor  for  the  construction  and  operation  of  a  Rapid 
Transit  Railroad  in  the  City  of  New  York  and  otherwise  as  there- 
in mentioned,  the  said  contract  being  hereinafter  styled  the  Con- 
tract for  Construction  and  Operation ;  which  contract  was  on  said 
day  modified  in  certain  respects  by  a  further  agreement  between 
the  said  parties  bearing  the  same  date ;  and  which  contract  has 
been  further  modified  by  certain  other  agreements  between  the 
said  parties  respectively,  bearing  date  June  21,  1900,  January  10, 
1901,  and  May  2,  1901 ;  and 

WHEREAS,  the  Contractor  has  deposited  with  the  Comptroller 
of  the  City  certain  security  for  the  performance  of  the  said  Con- 
tract for  Construction  and  Operation  on  his  part  and  has  given 
certain  bonds  as  further  security  for  such  performance,  and  upon 
such  bonds  there  are  sureties  as  follows :  Rapid  Transit  Subway 
Construction  Company,  The  United  States  Fidelity  &  Guaranty 
Company,  The  City  Trust,  Safe  Deposit  and  Surety  Company  of 
Philadelphia,  American  Surety  Company  of  New  York,  National 
Surety  Company,  and  Perry  Belmont;  and 

,  WHEREAS,  it  is  in  said  Contract  for  Construction  and  Operation 
provided  as  follows :  "Between  the  hours  of  half-past  eleven  and 
one  o'clock  at  night  and  between  five  and  six  o'clock  in  the  morn- 
ing trains  shall  be  run  by  the  Contractor  stopping  at  all  stations 
at  intervals  of  not  less  than  ten  ( 10)  minutes.  Between  the  hours 
of  one  o'clock  and  five  o'clock  in  the  morning  trains  shall  be  run 
stopping  at  all  stations  at  intervals  of  not  less  than  fifteen  (15) 
minutes ;"  and 

WHEREAS,  it  was  the  intention  of  the  parties  to  the  Contract 
for  Construction  and  Operation  at  the  time  of  its  execution,  which 
parties  are  also  the  parties  to  this  agreement,  that  it  should  be 
provided  in  said  Contract  that  between  the  hours  of  half-past 

211 


Correcting  Error  in  Contract 

eleven  and  one  o'clock  at  night  and  between  five  and  six  o'clock 
in  the  morning  trains  should  be  run  stopping  at  all  stations,  at  in- 
tervals of  not  more  than  ten  (10)  minutes,  and  that  between  the 
hours  of  one  o'clock  and  five  o'clock  in  the  morning  trains  should 
be  run  stopping  at  all  stations  at  intervals  of  not  more  than  fifteen 
(15)  minutes,  and  not,  as  it  is  at  present  provided  in  said  Con- 
tract, that  such  intervals  should  be  intervals  of  not  less  than  ten 
(10)  minutes  and  of  not  less  than  fifteen  (15)  minutes  respec- 
tively ; 

NOW,  therefore,  in  consideration  of  the  premises,  and 
subject  to  the  consents  hereinafter  provided,  it  is  agreed 
that  the  said  Contract  for  Construction  and  Operation  be  and  the 
same  is  hereby  modified  as  follows :  By  striking  from  the  Lease 
contained  in  the  said  Contract  the  following :  "Between  the  hours 
of  half-past  eleven  and  one  o'clock  at  night  and  between  five  and 
six  o'clock  in  the  morning  trains  shall  be  run  by  the  Contractor 
stopping  at  all  stations  at  intervals  of  not  less  than  ten  ( 10)  min- 
utes. Between  the  hours  of  one  o'clock  and  five  o'clock  in  the 
morning,  trains  shall  be  run  stopping  at  all  stations  at  intervals 
of  not  less  than  fifteen  (15)  minutes." 

And  by  inserting  in  the  said  Lease,  instead  of  the  portion 
thereof  thus  struck  out,  the  following,  to  wit:  "Between  the 
hours  of  half-past  eleven  and  one  o'clock  at  night  and  between  five 
and  six  o'clock  in  the  morning  trains  shall  be  run  by  the  Contractor 
stopping  at  all  stations  at  intervals  of  not  more  than  ten  (10)  min- 
utes. Between  the  hours  of  one  o'clock  and  five  o'clock  in  the 
morning  trains  shall  be  run,  stopping  at  all  stations  at  intervals 
of  not  more  than  fifteen  (15)  minutes." 

PROVIDED,  HOWEVER,  and  it  is  expressly  agreed  that  this  agree- 
ment shall  take  effect  when  and  only  when  the  following  consents 
hereto  shall  be  duly  had,  to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway  Construc- 
tion Company,  The  United  States  Fidelity  &  Guaranty  Company, 
The  City  Trust,  Safe  Deposit  &  Surety  Company  of  Philadelphia, 
American  Surety  Company  of  New  York,  National  Surety  Com- 
pany, and  Perry  Belmont. 

In  Witness  whereof,  this  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners  under  and  by  a  resolution  duly  adopted  by  said 


212 


Correcting  Error  in  Contract 

Board,  concurred  in  by  more  than  six  of  its  members,  and  the  seal 
of  the  said  Board  has  been  hereto  affixed  and  these  presents  signed 
by  the  president  and  secretary  of  the  said  Board  and  the  Con- 
tractor has  hereto  set  his  hand  and  seal  the  day  and  year  first 
above  written. 

BOARD  OF  RAPID  TRANSIT  R.  R.  COMMISSIONERS. 

By  A.  E.  ORR, 

PRESIDENT. 

BION  L.  BURROWS         [SEAL.] 
SECRETARY. 

JOHN  B.  McDONALD.      [SEAL.] 


STATE  OF  NEW  YORK,   ) 

*  ss  * 
COUNTY  OF  NEW  YORK.J 

On  this  first  day  of  July,  1902,  at  the  City  of  New  York,  in  said 
County,  before  me  personally  appeared  Alexander  E.  Orr  and 
Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be,  the  said 
Alexander  E.  Orr,  the  president,  and  the  said  Bion  L.  Bur- 
rows the  secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  New  York ;  and  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose  and 
say,  each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander E.  Orr  that  he  resided  in  the  Borough  of  Brooklyn,  in  the 
said  City,  that  he  was  the  president  of  the  said  Board  and  that  he 
subscribed  his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof;  and  the  said  Bion  L.  Burrows  that  he  resided 
in  the  Borough  of  Manhattan,  in  the  said  City,  that  he  was  the 
secretary  of  the  said  Board  and  that  he  subscribed  his  name 
thereto  by  like  authority;  and  both  the  said  Alexander  E.  Orr 
and  Bion  L.  Burrows  that  they  knew  the  seal  of  the  said  Board 
and  that  the  same  was  affixed  to  the  foregoing  instrument  by  the 
authority  of  the  said  Board  and  of  a  resolution  duly  adopted  by 
the  same. 

H.  A.  D.  HOLLMANN, 

[SEAL.]  NOTARY  PUBLIC  FOR  KINGS  COUNTY,  N.  Y. 

Certificate  filed  in  New  York  County. 


Correcting  Error  in  Contract 


STATE  OF  NEW  YORK. 
COUNTY  OF  NEW 


On  this  sixth  of  June,  1902,  before  me  personally  appeared 
John  B.  McDonald,  to  me  known  and  known  to  me  to  be  the  per- 
son and  Contractor  named  in  and  who  executed  the  foregoing  con- 
tract, and  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS  (36), 

[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 

The  Undersigned,  being  the  sureties  of  John  B.  Mc- 
Donald, the  Contractor  above  mentioned,  upon  the  continuing 
bond  in  the  penalty  of  One  million  dollars  ($1,000,000)  and  the 
bond  for  construction  and  equipment  in  the  penalty  of  Five  mil- 
lion dollars  ($5,000,000)  hereby  consent  to  the  making  of  the 
foregoing  instrument. 

Dated  New  York,  April     ,  1902. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  CO., 

By  W.  G.  OAKMAN, 

V.-  PRESIDENT/ 

THE  UNITED  STATES  FIDELITY  AND 
GUARANTY  COMPANY, 

By  ANDREW  FREEDMAN, 
[SEAL]  VICE-PRESIDENT. 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 

H.  D.  LYMAN, 

[SEAL.]  PRESIDENT. 

H.  B.  ZEVELY, 

SECRETARY. 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURETY  COM- 
PANY OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 

P.  H.  MOONEY, 

VICE-PRESIDENT. 
[SEAL.] 
TIMOTHY  E.  COHALAN, 

ASST.  SECRETARY. 


214 


Correcting  Error  in  Contract 

NATIONAL  SURETY  COMPANY, 

By  THO.  F.  GOODRICH, 

VICE-PRESIDENT. 
[SEAL.] 
ATTEST: 

BALLARD  McCALL, 

SECRETARY. 
PERRY  BELMONT,  [SEAL.'] 

STATE  OF  NEW  YORK.  )  ; 

V.    Qg     . 

COUNTY  OF  NEW  YORK,! 

On  the  sixth  day  of  June,  1902,  before  me  personally  appeared 
Perry  Belmont,  to  me  known  and  known  to  me  to  be  the  individual 
described  in  and  who  executed  the  foregoing  consent,  and  he  ac- 
knowledged to  me  that  he  executed  the  same. 

#A.  W.  ANDREWS  (36), 
NOTARY  PUBLIC, 
N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 
COUNTY  OF  NEW  YORK,} 

On  this  sixth  day  of  June,  1902,  before  me  personally  appeared 
Andrew  Freedman,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  Vice-President  of 
United  States  Fidelity  &  Guaranty  Company  of  Maryland,  the 
corporation  described  in  and  which  executed  the  foregoing  con- 
sent ;  that  he  knew  the  corporate  seal  of  said  company ;  that  the 
seal  affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority.  And 
also,  on  the  6th  day  of  June,  1902,  before  me  personally  appeared 
Patrick  H.  Mooney  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  Vice-President  of  The 
City  Trust,  Safe  Deposit  and  Surety  Company  of  Philadelphia, 
the  corporation  described  in  and  which  executed  the  foregoing 
consent ;  that  he  knew  the  corporate  seal'  of  said  company ;  that 
the  seal  affixed  to  said  consent  was  such  corporate  seal ;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

215 


Correcting  Error  in  Contract 

And  also,  on  the  6th  day  of  June,  1902,  before  me  personally  ap- 
peared Henry  I).  Lyman  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  President  of 
American  Surety  Company  of  New  York,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  consent ;  that  he  knew 
the  corporate  seal  of  said  company ;  that  the  seal  affixed  to  said 
consent  was  such  corporate  seal;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also,  on  the  6th 
day  of  June,  1902,  before  me  personally  appeared  Thomas  F. 
Goodrich,  to  me  known,  who  being  by  me  first  duly  sworn,  did 
depose  and  say  that  he  was  the  Vice-President  of  National  Surety 
Company  of  New  York,  the  corporation  described  in  and  which 
executed  the  foregoing  consent ;  that  he  knew  the  corporate  seal 
of  said  company ;  that  the  seal  affixed  to  said  consent  was  such 
corporate  seal ;  that  it  was  affixed  thereto  by  order  of  the  Board 
of  Directors  of  such  company,  aijd  that  he  signed  his  name  thereto 
by  like  authority.  And  also  on  the  6th  day  of  June  1902,  before 
me  personally  appeared  Walter  G.  Oakman,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he  was  the 
Vice-President  of  Rapid  Transit  Subway  Construction  Company, 
the  corporation  described  in  and  which  executed  the  foregoing 
consent ;  that  he  knew  the  corporate  seal  of  said  company ;  that 
the  seal  affixed  to  said  consent  was  such  corporate  seal ;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

A.W.ANDREWS  (36), 

NOTARY  PUBLIC, 
N.  Y.  Co. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO  FORM. 
Dated  New  York,  June  2nd,  1902. 

G.  L.  RIVES, 
CORPORATION  COUNSEL. 


216 


Assignment    of    Leasing 


Part   of 


Manhattan  -  Bronx    Contract 


to 


Interborough     Rapid     Transit 
Company 


Assignment  to  Interborough  Co. 

This  Agreement,  made  the  loth  day  of  July,  1902,  by  and 
between  John  B.  McDonald,  of  the  City,  County  and  State  of  New 
York,  hereinafter  called  the  "Contractor,"  party  of  the  first  part, 
and  Interborough  Rapid  Transit  Company,  a  corporation  duly  or- 
ganized and  existing  under  the  laws  of  the  State  of  New  York, 
hereinafter  called  "Interborough  Company,"  party  of  the  second 
part,  witnesseth : 

WHEREAS,  The  Contractor  heretofore  entered  into  a  contract 
with  The  City  of  New  York  (acting  by  the  Board  of  Rapid  Tran- 
sit Railroad  Commissioners  for  The  City  of  New  York),  bearing 
date  the  2ist  day  of  February,  1900,  for  the  construction,  equip- 
ment and  operation  of  a  rapid  transit  railroad  in  The  City  of  New 
York,  which  contract  was  thereafter  modified  in  certain  particulars 
by  agreements  between  the  said  parties  supplemental  thereto  and 
amendatory  thereof,  which  agreements  bear  date  the  said  2ist  day 
of  February,  1900;  the  2ist  day  of  June,  1900;  the  loth  day  of 
January,  1901 ;  and  the  2d  day  of  May,  1901,  respectively,  the  said 
contract  and  agreements  amendatory  thereof  and  supplemental 
thereto  being  together  hereinafter  referred  to  as  the  rapid  transit 
contract;  and 

WHEREAS,  The  Interborough  Company  has  been  duly  organized 
under  the  Railroad  Law  of  this  State  for  the  purposes,  among 
other  things,  of  maintaining  and  operating  the  said  railway,  and 
has  been  approved  in  writing  by  the  said  Board  of  Rapid  Transit 
Railroad  Commissioners,  pursuant  to  the  provisions  of  chapter  4 
of  the  Laws  of  1891,  as  amended  by  chapter  544  of  the  Laws  of 
1902,  and  the  Contractor  desires  to  assign  and  transfer  unto  Inter- 
borough Company,  and  Interborough  Company  desires  to  accept 
an  assignment  of  so  much  of  the  rapid  transit  contract  as  provides 
for  the  maintenance  and  operation  of  the  said  railway,  including 
the  obligation  to  provide  an  equipment  for  the  same,  subject  to 
all  the  terms  and  conditions  in  said  contract  contained  with  respect 
to  such  maintenance  and  operation,  and  with  respect  to  the  equip- 
ment of  the  said  railroad. 

NOW,  therefore,  in  consideration  of  the  premises,  and  for  a 
valuable  consideration  by  Interborough  Company  to  the  Con- 
tractor in  hand  paid,  the  receipt  whereof  is  hereby  acknowledged, 
the  Contractor  has  sold,  assigned,  transferred,  conveyed  and  set 
over,  and  does  hereby  sell,  assign,  transfer,  convey  and  set  over 

219 


Assignment  to  Interborough  Co. 

unto  Interborough  Company  so  much  of  the  rapid  transit  contract 
as  provides  for  the  maintainence  and  operation  of  the  said  rapid 
transit  railroad  (including  the  equipment  thereof)  and  does 
hereby  assign  unto  the  Interborough  Company  the  right  or  obliga- 
tion to  maintain  and  operate  the  said  road  or  roads  in  the  rapid 
transit  contract  described,  for  and  during  the  remainder  of  the 
term  of  years  specified  in  such  contract,  and  all  rights  with  respect 
to  such  maintenance  and  operation,  or  included  in  the  leasing 
provisions  of  such  contract,  subject  to  all  the  terms  and  conditions 
therein  stated,  together  with  all  obligations  assumed  by  the  Con- 
tractor in  and  by  the  said  rapid  transit  contract  with  respect  to 
the  equipment  of  the  said  railroad ;  and  from  and  after  the  execu- 
tion hereof  the  Interborough  Company  shall  be  entitled  to  have 
and  receive  all  sums  of  money  due  or  to  come  due  from  The  City 
of  New  York  under  said  contract  for  the  equipment  of  the  said 
railroad  or  any  part  thereof,  or  for  the  maintenance  and  operation 
of  the  same,  and  shall  have  and  enjoy  all  rights,  privileges,  emolu- 
ments and  benefits  arising  under  or  because  of  the  provisions  for 
the  equipment  of  the  said  railroad,  and  for  the  maintenance  and 
operation  thereof  as  in  said  contract  provided,  as  fully  as  the  Con- 
tractor might  or  could  have  and  enjoy  if  this  assignment  were 
not  made. 

The  Interborough  Company  on  its  part  does  hereby  assume 
all  of  the  obligations  of  the  Contractor  under  or  by  reason  of  the 
rapid  transit  contract  with  respect  to  the  equipment  of  the  said 
railroad  and  every  portion  thereof,  and  all  obligations  whatsoever 
of  the  Contractor  under  or  by  reason  of  the  leasing  provisions  of 
said  contract,  and  all  obligations  which  relate  in  any  way  to  the 
maintenance  or  operation  of  the  said  railroad  in  said  coptract 
described,  and  does  hereby  agree  to  carry  out  and  perform  each 
and  every  of  the  said  obligations  as  fully  as  the  Contractor  has 
been  or  is  bound  to  do  in  and  by  the  said  contract. 

The  Interborough  Company  further  agrees  to  well  and  truly 
indemnify  and  save  harmless  the  Contractor  of  and  from  any 
liability,  claim  or  demand  arising  under  such  portions  of  the  rapid 
transit  contract  as  are  hereby  assigned,  or  any  portion  thereof. 

This  agreement  shall  bind  the  parties  hereto,  their  respective 
heirs,  executors,  administrators,  successors  and  assigns.. 

It  is,  however,  understood  and  agreed  that  this  assignment 
shall  not  take  effect  until  the  same  shall  be  consented  to  in  writing 

22O 


Assignment  to  Interborough  Co. 

by  the  said  Board  of  Rapid  Transit  Railroad  Commissioners,  and 
such  assignment  and  consent  shall  in  no  respect  affect  the  security 
or  securities  for  the  performance  of  the  rapid  transit  contract  or 
any  part  thereof  by  the  Contractor. 

Provided,  further,  and  it  is  expressly  agreed,  that  this  agree- 
ment shall  take  effect  when,  and  only  when,  the  following  con- 
sents hereto  and  approvals  hereof  shall  be  duly  had  —  to  wit,  the 
consents  as  subjoined  of  Rapid  Transit  Subway  Construction 
Company,  The  United  States  Fidelity  and  Guaranty  Company,  the 
City  Trust,  Safe  Deposit  and  Surety  Company,  of  Philadelphia; 
American  Surety  Company,  of  New  York  ;  National  Surety  Com- 
pany and  Perry  Belmont. 

In  witness  whereof,  the  party  hereto  of  the  first  part  has 
hereunto  set  his  hand  and  seal,  and  the  party  hereto  of  the  second 
part  has  caused  these  presents  to  be  duly  signed  by  its  proper 
officers  under  its  corporate  seal,  the  day  and  year  first  above 
written. 

JOHN  B.  MCDONALD,          [L.  s.] 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 

By  AUGUST  BELMO'NT,  PRESIDENT. 
ATTEST  : 

FREDERICK  EVANS,  SECRETARY. 

STATE  OF  NEW  YORK,  } 

'  ss  ' 
COUNTY  OF  NEW  YORK,  ^ 

On  this  1  7th  day  of  July,  10/32,  before  me  personally  came  John 
B.  McDonald,  to  me  known,  and  known  to  me  to  be  the  individual 
described  in  and  who  executed  the  foregoing  instrument,  and  to 
me  acknowledged  that  he  executed  the  same. 

GEORGE  A.  STEVES, 
NOTARY  PUBLIC  (114), 

County  of  Kings. 

STATE  OF  NEW  YORK,  1 

ss  * 


COUNTY  OF  NEW 

On  this  nth  day  of  July,  1902,  before  me  personally  came 
August  Belmont,  to  me  known,  who  being  by  me  duly  sworn, 
did  depose  and  say,  that  he  resided  in  the  Town  of  Hempstead, 


221 


Assignment  to  Interborough  Co. 

Nassau  County,  New  York ;  that  he  is  President  of  the  Interbor- 
ough Rapid  Transit  Company,  the  corporation  described  in  and 
which  executed  the  above  instrument ;  that  he  knew  the  seal  of  the 
said  corporation ;  that  the  seal  affixed  to  said  instrument  was  such 
corporate  seal;  that  it  was  so  affixed  by  order  of  the  Board  of 
Directors  of  said  corporation,  and  that  he  signed  his  name  there- 
to by  like  order. 

CHAS.  W.  SANDFORD, 
NOTARY  PUBLIC  (20), 

County  of  Kings. 

The  Board  of  Rapid  Transit  Railroad  Commissioners  for  The 
City  of  New  York  does  hereby  consent  to  the  foregoing  assign- 
ment. 

Dated,  New  York,  July  18,  1902. 

THE  BOARD   OF  RAPID   TRANSIT   RAILROAD  COM- 
MISSIONERS FOR  THE  CITY  OF  NEW  YORK. 

By  A.  E.  ORR,  PRESIDENT. 
BION  L.  BURROWS, 
SECRETARY. 


STATE  OF  NEW  YORK,   I 

'  ss  ' 
COUNTY  OF  NEW 


On  this  4th  day  of  September,  1902,  at  The  City  of  New  York, 
in  said  county,  before  me  personally  appeared  Alexander  E.  Orr 
and  Bion  L.  Burrows,  to  me  known,  and  known  to  me  to  be  the  said 
Alexander  E.  Orr,  the  President,  and  the  said  Bion  L.  Burrows, 
the  Secretary,  of  the  Board  of  Rapid  Transit  Railroad  Commis- 
sioners for  The  City  of  New  York  ;  and  the  said  Alexander  E.  Orr 
and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose  and 
say,  each  for  himself,  and  not  one  for  the  other,  the  said  Alexander 
Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the  said  city, 
that  he  was  the  President  of  the  said  Board,  and  that  he  subscribed 
his  name  to  the  foregoing  consent  by  virtue  of  the  authority 
thereof;  and  the  said  Bion  L.  Burrows,  that  he  resided  in  the 
Borough  of  Manhattan,  in  the  said  City  of  New  York,  that  he  was 
the  Secretary  of  the  said  Board,  and  that  he  subscribed  his  name 
thereto  by  like  authority  ;  and  both  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows,  that  they  knew  the  seal  of  the  said  Board,  that 

222 


Assignment  to  Interborough  Co. 

one  of  the  seals  affixed  to  the  above  instrument  was  such  seal,  and 
that  the  same  was  affixed  to  the  foregoing  instrument  by  the  order 
of  the  said  Board  and  of  a  resolution  duly  adopted  by  the  same, 
and  that  they  signed  their  names  thereto  by  like  order. 

SEYMOUR  K.  FULLER, 

NOTARY  PUBLIC  (14), 

Certificate  filed  in  New  York  County.  Kings  County. 

We  hereby  consent  to  the  foregoing  assignment. 
Dated  New  York,  July  17,  1902. 

AUGUST  BELMONT  &  CO. 

On  this  i /th  day  of  July,  1902,  before  me  personally  appeared 
August  Belmont,  to  me  known,  and  known  to  me  to  be  a  mem- 
ber of  the  firm  of  August  Belmont  &  Co.,  described  in  and  which 
executed  the  foregoing  consent,  and  who  acknowledged  to  me  that 
he  executed  the  same  as  and  for  the  act  and  deed  of  the  said  firm. 

CHAS.  W.  SANDFORD, 
NOTARY  PUBLIC  (20),    Kings  County. 
Certificate  filed  in  New  York  County. 

The  Undersigned,  being  the  sureties  of  John  B.  McDonald, 
the  Contractor  above  mentioned,  upon  the  continuing  bond  in  the 
penalty  of  one  million  dollars  ($1,000,000),  and  the  bond  for  con- 
struction and  equipment  in  the  penalty  of  five  million  dollars 
($5,000,000),  hereby  consent  to  the  making  of  the  foregoing  in- 
strument. 

Dated,  New  York,  July  18,  1902. 

RAPID    TRANSIT    SUBWAY    CONSTRUCTION     COM- 
PANY, 

By  AUGUST  BELMONT,  PRESIDENT. 

THE    UNITED    STATES    FIDELITY    AND    GUARANTY 
COMPANY, 

By  SYLVESTER  J.  O'SULLIVAN,  MANAGER. 

CITY  TRUST,  SAFE  DEPOSIT  AND  SURETY  COMPANY, 

By  ADRIAN  T.  KIERNAN,  VICE  PRESIDENT. 
AMERICAN  SURETY  COMPANY, 

By  H.  D.  LYMAN,  PRESIDENT. 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN,  PRESIDENT. 
PERRY  BELMONT. 

223 


Assignment  to  Interborough  Co. 

STATE  OF  NEW  YORK,  ) 

ss  * 
COUNTY  OF  NEW  YORK,} 

On  the  2ist  day  of  July,  1902,  before  me  personally  appeared 
Perry  Belmont,  to  me  known,  and  known  to  me  to  be  the  indi- 
vidual described  in  and  who  executed  the  foregoing  consent,  and 
who  to  me  acknowledged  that  he  executed  the  same. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC  (36), 
New  York  County. 

STATE  OF  NEW  YORK,  ) 

'  ss  * 

COUNTY  OF  NEW  YORK,}  ,.,        ..  , 

On  the  2ist  day  of  July,  1902,  before  me  personally  appeared 
Sylvester  J.  O'Sullivan,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  Borough  of  Man- 
hattan, City  of  New  York,  and  was  the  Manager  of  the  United 
States  Fidelity  and  Guaranty  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal;  that  it  was  af- 
fixed thereto  by  order  of  the  Board  of  Directors  of  said  company, 
and  that  he  signed  his  name  thereto  by  like  order.  And  also,  on 
the  2  ist  day  of  July,  1902,  before  me  personally  appeared  Adrian 
T.  Kiernan,  to  me  known,  who  being  by  me  first  duly  sworn,  did 
depose  and  say,  that  he  resided  in  the  Borough  of  Manhattan,  City 
of  New  York,  and  was  the  Vice-President  of  the  City  Trust, 
Safe  Deposit  and  Surety  Company,  of  Philadelphia,  one  of  the 
corporations  described  in  and  which  executed  the  foregoing  con- 
sent ;  that  he  knew  the  corporate  seal  of  said  company ;  that  one  of 
the  seals  affixed  to  said  consent  was  such  corporate  seal ;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  order.  And 
also,  on  the  i8th  day  of  July,  1902,  before  me  personally  appeared 
Henry  D.  Lyman,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say,  that  he  resided  in  the  Borough  of  Manhattan, 
City  of  New  York,  and  was  the  President  of  American  Surety 
Company,  of  New  York,  one  of  the  corporations  described  in  and 
which  executed  the  foregoing  consent ;  that  he  knew  the  corporate 
seal  of  said  company ;  that  one  of  the  seals  affixed  to  said  consent 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  order.  And  also,  on  the  2ist  day  of  July,  1902, 

224 


Assignment  to  Interborough  Co. 

before  me  personally  appeared  Charles  A.  Dean,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say,  that  he  resided 
in  the  Borough  of  Manhattan,  City  of  New  York,  and  was  the 
President  of  National  Surety  Company,  of  New  York,  one  of  the 
corporations  described  in  and  which  executed  the  foregoing  con- 
sent; that  he  knew  the  corporate  seal  of  said  company;  that  one 
of  the  seals  affixed  to  said  consent  was  such  corporate  seal;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  order.  And 
also,  on  the  i8th  day  of  July,  1902,  before  me  personally  appeared 
August  Belmont,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say,  that  he  resided  in  the  Town  of  Hempstead, 
Nassau  County,  New  York,  and  was  the  President  of  Rapid 
Transit  Subway  Construction  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  order. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC  (36), 
New  York  County. 

STATE  OF  NEW  YORK.  ) 

*  ss  ' 
COUNTY  OF  NEW  YORK,  ^ 

On  this  3oth  day  of  July,  in  the  year  1902,  before  me  personally 
came  John  R.  Bland,  to  me  known,  who  being  by  me  duly  sworn, 
did  depose  and  say,  that  he  resided  in  the  City  of  Baltimore,  in  the 
State  of  Maryland;  that  he  is  President  of  The  United  States 
Fidelity  and  Guaranty  Company,  one  of  the  corporations  described 
herein  and  which  executed  the  above  instrument;  that  he  knew 
the  seal  of  the  said  corporation ;  that  one  of  the  seals  affixed  to 
said  instrument  was  such  corporate  seal ;  that  it  was  so  affixed  by 
order  of  the  Board  of  Directors  of  said  corporation,  and  that  he 
signed  his  name  thereto  by  like  order. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC  (36), 
New  York  County. 


225 


Assignment  to  Interborough  Co. 

Agreement  made  this  loth  day  of  July,  1902,  by  and  be- 
tween The  City  of  New  York  (acting-  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners),  party  of  the  first  part,  John  B. 
McDonald,  party  of  the  second  part,  and  Interborough  Rapid 
Transit  Company,  a  corporsrtion  duly  organized  and  existing  under 
the  laws  of  the  State  of  New  York,  party  of  the  third  part,  wit- 
nesseth : 

WHEREAS,  The  said  John  B.  McDonald  heretofore  entered  into 
a  contract  with  The  City  of  New  York  (acting  by  the  Board  of 
Rapid  Transit  Railroad  Commissioners  for  The  City  of  New 
York),  bearing  date  the  2ist  day  of  February,  1900,  for  the  con- 
struction, equipment  and  operation  of  a  rapid  transit  railroad  in 
The  City  of  New  York,  which  contract  (hereinafter  called  the 
rapid  transit  contract)  was  thereafter  modified  by  certain  agree- 
ments supplemental  thereto  and  amendatory  thereof;  and 

WHEREAS,  The  said  John  B.  McDonald  has  assigned,  or  is 
about  to  assign,  unto  Interborough  Rapid  Transit  Company,  by  an 
instrument  bearing  even  date  herewith,  consented  to  or  to  be  con- 
sented to  in  writing  by  the  sureties  upon  all  bonds  and  undertak- 
ings given  by  the  said  John  B.  McDonald  pursuant  to  said  con- 
tract, so  much  of  the  said  contract  as  provides  for  the  maintenance 
and  operation  of  the  railway  therein  described,  including  the  obli- 
gation to  provide  all  equipment  for  the  same,  subject  to  all  the 
terms  and  conditions  in  said  contract  contained  with  respect  to 
such  maintenance  and  operation,  and  with  respect  to  the  equip- 
ment of  the  said  railroad,  to  which  assignment  reference  is  hereby 
had,  and  the  said  parties  have  requested  the  said  Board  of  Rapid 
Transit  Railroad  Commissioners  to  consent  to  the  said  assignment 
as  provided  by  law ;  and 

WHEREAS,  The  said  Board  of  Rapid  Transit  Railroad  Commis- 
sioners is  willing  to  consent  to  such  assignment,  but  only  upon 
the  execution  and  delivery  to  said  Board  for  said  City  of  this  in- 
strument. 

Now,  therefore,  in  consideration  of  the  premises  and  of  the 
covenants  hereinafter  contained,  The  City  of  New  York,  by  its 
said  Board  of  Rapid  Transit  Railroad  Commissioners,  hereby 
consents  to  the  said  assignment  to  Interborough  Rapid  Transit 
Company,  and  to  the  execution  of  the  said  instrument  bearing 
even  date  herewith. 

226 


Assignment  to  Interborough  Co. 

And  the  said  Interborough  Rapid  Transit  Company  hereby 
covenants  to  and  with  The  City  of  New  York  that  it  is,  and  shall 
hereafter  in  all  respects  be,  bound  to  The  City  of  New  York,  with 
respect  to  the  equipment  of  the  said  railroad  mentioned  in  the  said 
instrument  and  every  portion  thereof  and  all  obligations  whatso- 
ever of  the  contractor  under  or  by  reason  of  the  leasing  provisions 
of  said  rapid  transit  contract  and  all  obligations  thereof  or  there- 
under which  relate  in  any  way  to  the  maintenance  or  operation  of 
the  railroad  in  the  said  rapid  transit  contract  described,  and  does 
hereby  agree  to  carry  out  and  perform  each  and  every  of  the  said 
obligations  as  fully  as  the  contractor  has  been  or  is  bound  to  do  in 
and  by  the  said  rapid  transit  contract.  And  the  said  Interborough 
Rapid  Transit  Company  further  covenants  to  and  with  the  City 
that  the  said  John  B.  McDonald,  his  executors,  administrators 
and  assigns,  shall  fully  perform  all  the  obligations  and  compjy 
with  all  the  provisions  and  terms  of  said  contract  which  are  not 
assigned  to  and  assumed  by  said  Interborough  Rapid  Transit 
Company  in  and  by  the  said  instrument  bearing  even  date  here- 
with. 

This  agreement  shall  bind  the  parties  hereto,  their  respective 
heirs,  executors,  administrators,  successors  and  assigns. 

Provided,  further,  and  it  is  expressly  agreed,  that  this 
agreement  shall  take  effect  when,  and  only  when,  the  following 
consents  hereto  and  approvals  hereof  shall  be  duly  had — to  wit, 
the  consents  as  subjoined  of  Rapid  Transit  Subway  Construction 
Company,  The  United  States  Fidelity  and  Guaranty  Company,  the 
City  Trust,  Safe  Deposit  and  Surety  Company,  of  Philadelphia; 
American  Surety  Company,  of  New  York ;  National  Surety  Com- 
pany and  Perry  Belmont. 


227 


Assignment  to  Interborough  Co. 

In  witness  whereof,  the  party  .of  the  first  part  has  caused 
these  presents  to  be  duly  executed  by  its  said  Board  of  Rapid 
Transit  Railroad  Commissioners  under  the  seal  of  the  said  Board, 
the  party  of  the  second  part  has  hereunto  set  his  hand  and  seal, 
and  the  party  of  the  third  part  has  caused  these  presents  to  be  duly 
executed  by  its  proper  officers  under  its  corporate  seal,  the  day  and 
year  first  above  written. 

THE  CITY  OF  NEW  YORK, 

By  THE  BOARD  OF  RAPID  TRANSIT  RAILROAD  COM- 
MISSIONERS OF  THE  CITY  OF  NEW  YORK, 

By  A.  E.  ORR,  PRESIDENT. 
ATTEST  : 

[SEAL.]  BION  L.  BURROWS,  SECRETARY. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 

By  AUGUST  BELMONT,  PRESIDENT. 
ATTEST  : 

[SEAL.]  FREDERICK  EVANS,  SECRETARY. 

JOHN  B.  MCDONALD. 

STATE  OF  NEW  YORK,  ) 

i       • 

COUNTY  OF  NEW 


On  this  i  /th  day  of  July,  1902,  before  me  personally  appeared 
John  B.  McDonald,  to  me  known,  and  known  to  me  to  be  the  in- 
dividual described  in  and  who  executed  the  foregoing  instrument, 
and  who  to  me  acknowledged  that  he  executed  the  same. 

GEORGE  A.  STEVES, 
NOTARY  PUBLIC  (114), 

Kings  County. 
Certificate  filed  in  New  York  County. 

STATE  OF  NEW  YORK,  ) 

y    cc    • 

COUNTY  OF  NEW  YORK,} 

On  this  nth  day  of  July,  in  the  year  1902,  before  me  personally 
came  August  Belmont,  to  me  known,  who  being  duly  sworn,  did 
depose  and  say,  that  he  resided  in  Hempstead,  Nassau  County, 
New  York;  that  he  is  the  President  of  the  Interborough  Rapid 
Transit  Company,  the  corporation  described  in  and  which  executed 
the  above  instrument  ;  that  he  knew  the  seal  of  the  said  corpora- 

228 


Assignment  to  Interborough  Co. 

tion;  that  the  seal  affixed  to  said  instrument  was  such  corporate 
seal ;  that  it  was  so  affixed  by  order  of  the  Board  of  Directors  of 
said  corporation,  and  that  he  signed  his  name  thereto  by  like  order. 

CHAS.  W.  SANDFORD, 
NOTARY  PUBLIC  (20), 

Kings  County. 

Certificate  filed  in  New  York  County. 
STATE  OF  NEW  YORK,,  ) 

l-  SS  * 

COUNTY  OF  NEW  YORK,£ 

On  this  4th  day  of  September,  1902,  at  The  City  of  New  York, 
in  said  County,  before  me  personally  appeared  Alexander  E.  Orr 
and  Bion  L.  Burrows,  to  me  known,  and  known  to  me  to  be  the 
said  Alexander  E.  Orr,  the  President,  and  the  said  Bion  L.  Bur- 
rows, the  Secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  The  City  of  New  York ;  and  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself,  and  not  one  for  the  other,  the  said 
Alexander  E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in 
the  said  City,  that  he  was  the  President  of  the  said  Board,  and 
that  he  subscribed  his  name  to  the  foregoing  consent  by  virtue  of 
the  authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he  re- 
sided in  the  Borough  of  Manhattan,  in  the  said  City  of  New  York, 
that  he  was  the  Secretary  of  the  said  Board,  and  that  he  subscribed 
his  name  thereo  by  like  authority;  and  both  the  said  Alexander 
E.  Orr  and  Bion  L.  Burrows,  that  they  knew  the  seal  of  the  said 
Board,  that  one  of  the  seals  affixed  to  the  above  instrument  was 
such  seal,  and  that  the  same  was  affixed  to  the  foregoing  instru- 
ment by  the  order  of  the  said  Board  and  of  a  resolution  duly 
adopted  by  the  same,  and  that  they  signed  their  names  thereto  by 
like  order. 

SEYMOUR  K.  FULLER, 
NOTARY  PUBLIC  (14), 

Kings  County. 

Certificate  filed  in  New  York  County. 

The  Undersigned,  being  the  sureties  of  John  B.  McDonald, 
the  Contractor  above  mentioned,  upon  the  continuing  bond  in  the 
penalty  of  one  million  dollars  ($1,000,000)  and  the  bond  for  con- 

229 


Assignment  to  Interborough  Co. 

struction  and  equipment  in  the  penalty  of  five  million  dollars 
($5,000,000),  hereby  consent  to  the  making  of  the  foregoing 
instrument. 

Dated,  New  York,  July  18,  1902. 

RAPID    TRANSIT    SUBWAY    CONSTRUCTION    COM- 
PANY, 

[SEAL.]         By  AUGUST  BELMONT,  PRESIDENT. 

THE   UNITED   STATES    FIDELITY    AND    GUARANTY 
COMPANY, 

[SEAL.]         By  SYLVESTER  J.  O'SULLIVAN,  MANAGER. 

ATTEST  : 

LEONIDAS  DENNIS,  ATTORNEY  IN  FACT. 
JOHN  R.  BLAND,  PRESIDENT. 
GEORGE  R.  CALLIS,  SECRETARY. 

CITY  TRUST,  SAFE  DEPOSIT  AND'  SURETY  COMPANY, 
[SEAL.]         By  ADRIAN  T.  KIERNAN,  VICE-PRESIDENT. 

AMERICAN  SURETY  COMPANY, 

[SEAL.]         By  H.  D.  LYMAN,  PRESIDENT.    ' 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN,  PRESIDENT. 

PERRY  BELMONT. 

STATE  OF  NEW  YORK,  ) 

*•  ss  * 
COUNTY  OF  NEW  YORK,( 

On  the  2ist  day  of  July,  1902,  before  me  personally  appeared 
Perry  Belmont,  to  me  known,  and  known  to  me  to  be  the  individ- 
ual described  in  and  who  executed  the  foregoing  consent,  and  who 
to  me  acknowledged  that  he  executed  the  same. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC  (36), 
New  York  County. 

STATE  OF  NEW  YORK,  1 

f  SS.  '. 

COUNTY  OF  NEW  YORK,} 

On  the  2ist  day  of  July,  1902,  before  me  personally  appeared 
Sylvester  J.  O'Sullivan,  to  me  known,  who  being  by  me  first  duly 

230 


Assignment  to  Interborough  Co. 

sworn,  did  depose  and  say,  that  he  resided  in  the  Borough  of 
Manhattan,  City  of  New  York,  and  was  the  Manager  of  The 
United  States  Fidelity  and  Guaranty  Company,  one  of  the  cor- 
porations described  in  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  order.  And 
also,  on  the  2ist  day  of  July,  1902,  before  me  personally  appeared 
Adrian  T.  Kiernan,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  Borough  of  Man- 
hattan, City  of  New  York,  and  was  the  Vice-President  of  the  City 
Trust,  Safe  Deposit  and  Surety  Company,  of  Philadelphia,  one 
of  the  corporations  described  in  and  which  executed  the  foregoing 
consent;  that  he  knew  the  corporate  seal  of  said  company;  that 
one  of  the  seals  affixed  to  said  consent  was  such  corporate  seal ; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of 
such  company,  and  that  he  signed  his  name  thereto  by  like  ordei 
And  also,  on  the  i8th  day  of  July,  1902,  before  me  personally  ap- 
peared Henry  D.  Lyman,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  Borough  of  Man- 
hattan, City  of  New  York,  and  was  the  President  of  American 
Surety  Company,  of  New  York,  one  of  the  corporations  described 
in  and  which  executed  the  foregoing  consent ;  that  he  knew  the 
corporate  seal  of  said  company;  that  one  of  the  seals  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  order.  And  also,  on  the  2ist  day 
of  July,  1902,  before  me  personally  appeared  Charles  A.  Dean, 
to  me  known,  who  being  by  me  first  dulyk  sworn,  did  depose  and 
say,  that  he  resided  in  the  Borough  of  Manhattan,  City  of  New 
York,  and  was  the  President  of  National  Surety  Company,  of  New 
York,  one  of  the  corporations  described  in  and  which  executed  the 
foregoing  consent ;  that  he  knew  the  corporate  seal  of  said  com- 
pany ;  that  one  of  the  seals  affixed  to  said  consent  was  such  cor- 
porate seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  company,  and  that  he  signed  his  name  thereto  by 
like  order.  And  also,  on  the  i8th  day  of  July,  1902,  before  me 
personally  appeared  August  Belmont,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say,  that  he  resided  in  Hemp- 
stead,  Nassau  County,  New  York,  and  was  the  President  of  Rapid 

231 


Assignment  to  Interborough  Co. 

Transit  Subway  Construction  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  order. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC  (36), 
New  York  County. 

STATE  OF  NEW  YORK,  1 

'  ss  * 
COUNTY  OF  NEW  YORK,£ 

On  this  3Oth  day  of  July,  in  the  year  1902,  before  me  personally 
came  John  R.  Bland,  to  me  known,  who  being  by  me  duly  sworn, 
did  depose  and  say,  that  he  resided  in  the  city  of  Baltimore,  in  the 
State  of  Maryland ;  that  he  is  the  President  of  the  United  States 
Fidelity  and  Guaranty  Company,  one  of  the  corporations  described 
in  and  which  executed  the  above  instrument ;  that  he  knew  the 
seal  of  said  corporation ;  that  one  of  the  seals  affixed  to  said  instru- 
ment was  such  corporate  seal,  and  that  it  was  so  affixed  by  order 
of  the  Board  of  Directors  of  said  corporation,  and  that  he  signed 
his  name  thereto  by  like  order. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC  (36), 
New  York  County. 

[Copy  resolution  Board  of  Directors,  The  United  States 
Fidelity  and  Guaranty  Company,  authorizing  Sylvester  J.  O'Sul- 
livan  to  sign  for  company,  also  attached.] 


232 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN  B.  MCDONALD 

Contractor 


AGREEMENT 

Modifying    Contract    for   Construction   and    Operation 
of    Rapid    Transit    Railroad 


Dated,    July    21st,    1902 
Executed,  1902 


Bergen  Ave.  Change  of  Route 

Agreement  made  this  twenty-first  day  of  July,  in  the 
year  Nineteen  hundred  and  two,  between  THE  CITY  OF  NEW 
YORK  (hereinafter  called  the  City),  acting  by  the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New  York 
(hereinafter  called  the  Board),  party  of  the  first  part,  and 
JOHN  B.  MCDONALD,  of  The  City  of  New  York  (hereinafter 
called  the  Contractor),  party  of  the  second  part: 

WHEREAS,  Heretofore  and  on  or  about  the  21  st  day  of  Febru- 
ary, 1900,  the  City,  acting-  by  the  Board,  entered  into  a  con- 
tract with  the  Contractor  for  the  construction  and  operation 
of  a  Rapid  Transit  Railroad  in  the  City  of  New  York  and 
otherwise,  as  therein  mentioned,  the  said  contract  being  here- 
inafter styled  the  Contract  for  Construction  and  Operation ; 
and 

WHEREAS,  The  said  Contract  and  the  Routes  and  General 
Plan  hereinafter  mentioned  have  been  since  modified  by  agree- 
ment duly  made  between  the  City  and  the  Contractor,  with 
the  consent  of  the  sureties  hereinafter  mentioned ;  and 

WHEREAS,  The  Contractor  has  deposited  with  the  Comp- 
troller of  the  City  certain  security  for  the  performance  of 
the  said  Contract  for  Construction  and  Operation  on  his  part 
and  has  given  certain  bonds  as  further  security  for  such  per- 
formance and  upon  such  bonds  there  are  sureties  as  follows: 
Rapid  Transit  Subway  Construction  Company,  The  United 
States  Fidelity  &  Guaranty  Company,  The  City  Trust  Safe 
Deposit  &  Surety  Company  of  Philadelphia,  American  Surety 
Company  of  New  York,  National  Surety  Company  and  Perry 
Belmont ;  and 

WHEREAS,  By  written  instruments  bearing  date  the  tenth  day  of 
July,  1902,  the  Contractor,  with  the  written  consent  of  the 
Board,  concurred  in  by  six  members  thereof,  duly  assigned 
the  right  or  obligation  to  maintain  and  operate  the  said  Rapid 
Transit  Railroad  for  the  term  of  years  specified  in  the  said 
contract  and  all  rights  included  in  the  leasing  provisions  of 
the  said  contract,  together  with  the  obligation  to  provide 
equipment  for  the  said  railroad,  unto  Interborough  Rapid 
Transit  Company,  which  Company  also  guaranteed  the  per- 
formance by  the  Contractor  of  the  provisions  of  his  said 
contract  not  so  assigned  to  it;  and 

335  * 


Bergen  Ave.  Change  of  Route 

WHEREAS,  The  Contractor  desires,  and  the  Board  approves, 
a  further  modification  of  the  Routes  and  General  Plan  for 
the  Rapid  Transit  Railroad  referred  to  in  the  said  Contract 
for  Construction  and  Operation  as  set  forth  in  certain  resolu- 
tions adopted  by  the  Board  on  25th  June,  1902,  a  copy  of 
which  is  hereto  annexed ; 

Now,  therefore,  in  consideration  of  the  premises  and  sub- 
ject to  the  consents  hereinafter  provided,  it  is  agreed 
that  the  said  Contract  for  Construction  and  Operation  and 
the  Routes  and  General  Plan  therein  mentioned  be,  and  the 
same  hereby  are,  further  modified  as  follows : 

By  striking  from  the  said  Routes  the  portion  thereof  in 
words  as  follows,  to  wit:  "thence  with  a  curve  to  the  left  and 
under  Third  avenue  to  a  point  near  its  intersection  with 
Westchester  avenue,  thence  with  a  curve  to  the  right  to  and 
under  Westchester  avenue." 

And  by  inserting  in  the  said  Routes,  instead  of  the  portion 
thus  struck  out,  the  following  words,  to  wit:  "thence  crossing 
Third  avenue  and  under  East  One  Hundred  and  Forty-ninth 
street  and  Bergen  avenue  upon  a  curve  to  a  point  in  the  tri- 
angular block  bounded  by  Bergen  avenue,  Gerard  street  and 
East  One  Hundred  and  Forty-ninth  street;  at  that  point  be- 
ginning to  emerge  from  the  ground  and  thence  upon  a  via- 
duct across  Gerard  street  and  on  or  over  private  property  in 
the  block  bounded  by  Westchester  avenue,  Brook  avenue, 
East  One  Hundred  and  Forty-ninth  street,  Gerard  street  and 
Bergen  avenue  (crossing,  if  necessary,  part  of  Brook  avenue) 
to  Westchester  avenue." 

The  general  plan  of  construction  of  the  portion  of  the  route 
hereby  substituted  shall  be  as  follows : 

The  tracks  shall  be  placed  in  tunnel  from  the  westerly  end 
of  such  portion  to  a  point  on  private  property  or  on  Gerard 
street,  between  Bergen  avenue  and  East  One  Hundred  and 
Forty-ninth  street,  and  easterly  over  the  rest  of  the  portion 
of  the  route  hereby  substituted  shall  be  carried  upon  a  via- 
duct. The  railroad  may  on  the  portion  of  the  route  between 
Third  avenue  and  Westchester  avenue  occupy  any  portion  of 
any  of  the  streets  of  the  route,  but  the  railroad  shall  not  at 

1  236 


Bergen  Ave.  Change  of  Route 

any  place  exceed  thirty  (30)  feet  in  width.  There  shall  be  at 
least  two  parellel  tracks,  with  the  right  at  any  time  to  add  a 
third  track  in  the  discretion  of  the  Board  of  Rapid  Transit 
Railroad  Commissioners. 

And  it  is  further  agreed  that  in  all  other  respects  the  pro- 
visions of  the  General  Plan  of  Construction  set  forth  in  the 
said  Contract  for  Construction  and  Operation  shall  be  ap- 
plicable to  the  portion  of  the  route  -hereby  substituted ;  and  it 
is  further  agreed  that  the  Contractor  shall  become  entitled  to 
additional  payment  for  such  additional  work  and  materials 
as  shall  be  made  necessary  by  the  changes  hereby  provided 
and  the  City  shall  become  entitled  to  abatement  from  the 
contract  price  by  reason  of  the  diminution  in  work  and  ma- 
terials by  reason  of  such  changes,  the  amounts  of  such  addi- 
tional payments  and  such  diminutions  to  be  determined  as 
provided  in  Chapter  II  of  the  said  Contract  for  Construction 
and  Operation : 

PROVIDED,  however,  and  it  is  expressly  agreed  that  this  agree- 
ment shall  take  effect  when  and  only  when  the  following  con- 
sents hereto  and  approvals  hereof  shall  be  duly  had,  to  wit: 

1.  The  consents  as  subjoined  of  Rapid  Transit  Subway  Con- 
struction Company,  The  United  States  Fidelity  &  Guaranty 
Comipany,  The  City  Trust  Safe  Deposit  &  Surety  Company  of 
Philadelphia,  The  American  Surety  Company  of  New  York, 
National  Surety  Company,  Perry  Belmont  and  Interborough 
Rapid  Transit  Company. 

2.  The  consent  of  the  Board  of  Aldermen  of  the  City  of 
New  York. 

3.  The  consent  of  the  Mayor  of  the  City  of  New  York. 

4.  The  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along  streets  or  such  portions  of  streets  as  are  in- 
cluded in  the  portion  of  routes  by  this  agreement  proposed 
to  be  substituted  as  aforesaid,  or  if  such  consent  cannot  be 
obtained,   then,    in    lieu   thereof,   the   determination   of   three 
commissioners  to  be  appointed  by  the  Appellate  Divisipn  of 
the  Supreme  Court  duly  confirmed  by  the  said  Appellate  Di- 
vision. 

The  plan  hereto  annexed  is  intended  to  show  the  modifica- 
tion of  the  routes  as  hereby  proposed. 

237 


Bergen  Ave.  Change  of  Route 

In  witness  Whereof  this  contract  has  been  executed 
for  the  City  of  New  York,  by  its  Board  of  Rapid  Transit  Rail- 
road Commissioners,  under  and  by  a  resolution  duly  adopted  by 
said  Board,  concurred  in  by  more  than  six  of  its  members,  and  the 
seal  of  the  Board  has  been  hereto  affixed  and  these  presents  signed 
by  the  President  and  Secretary  of  the  said  Board,  and  the  Con- 
tractor has  hereto  set  his  hand  and  seal,  the  day  and  year  first 
above  written. 

THE  BOARD  OF  RAPID*  TRANSIT 
RAILROAD  COMMISSIONERS, 

By  A.  E.  ORR, 

PRESIDENT. 

BION  L.  BURROWS, 
SECRETARY. 
[SEAL.] 
JOHN  B.  McDONALD,  [SEAL.] 

STATE  OF  NEW  YORK,  ) 

v  SS  * 

COUNTY  OF  NEW  YORK.J 

On  this  7th  day  October,  1902,  at  the  City  of  New  York,  in 
.caid  County,  before  me  personally  appeared  Alexander  E.  Orr 
and  Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be,  the 
said  Alexander  E.  Orr,  the  president,  and  the  said  Bion  L.  Bur- 
rows, the  secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  New  York;  and  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose  and 
say,  each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the 
said  City,  that  he  was  the  president  of  the  said  Board  and  that 
he  subscribed  his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he  resided 
in  the  Borough  of  Manhattan,  in  the  said  City,  that  he  was  the 
secretary  of  the  said  Board  and  that  he  subscribed  his  name  there- 
to by  like  authority ;  and  both  the  said  Alexander  E.  Orr  and  Bion 
L.  Burrows  that  they  knew  the  seal  of  the  said  Board  and  that  the 
same,  was  affixed  to  the  foregoing  instrument  by  the  authority  of 
the  said  Board  and  of  a  resolution  duly  adopted  by  the  same. 

SEYMOUR  K.  FULLER, 

[SEAL.]  NOTARY  PUBLIC   Kings  Co., 

Cert,  filed  in  New  York  Co. 

238 


Avt,  Change  of  Route 

STATE  OF  NEW  YORK,  J 
COUNTY  OF  NEW  YORK,J 

On  this  6th  day  of  October,  1902,  before  me  personally  ap- 
peared John  B.  McDonald,  to  me  known  and  known  to  me  to  be 
the  person  and  Contractor  named  in  and  who  executed  the  fore- 
going contract,  and  acknowledged  to  me  that  he  executed  the 
same. 

A.  W.  ANDREWS  (36), 
[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 


The  Undersigned  being  the  sureties  of  John  B.  McDon- 
ald, the  Contractor  above  mentioned,  upon  the  continuing  bond  in 
the  penalty  of  One  million  dollars  ($1,000,000)  and  the  bond  for 
construction  and  equipment  in  the  penalty  of  Five  million  dollars 
($5,000,000)  hereby  consent  to  the  making  of  the  foregoing  in- 
strument. 

Dated  New  York,  October  6th,  1902. 

RAPID  TRANSIT  SUBWAY 
CONSTRUCTION  CO., 

By  AUGUST  BELMONT, 

PRESIDENT. 
ATTEST  : 

FREDERICK  EVANS, 
SECRETARY. 
[SEAL.] 
PERRY  BELMONT, 

[SEAL.] 

THE  UNITED  STATES  FIDELITY  AND 
GUARANTY  COMPANY, 

By  ANDREW  FREEDMAN, 
VICE-PRESIDENT. 
[SEAL.] 

ATTEST  : 

G.  TERRY  SINCLAIR, 
ATTORNEY  IN  FACT. 
[SEAL.] 

239 


Bergen  Ave.  Change  of  Route 

AMERICAN  SURETY  COMPANY  OF 
NEW  YORK, 

DAVID  B.  SICKLES, 

VICE-PRESIDENT. 
HENRY  TOFTS, 

ASSISTANT  SECRETARY. 

[SEAL.] 

THE   CITY   TRUST,    SAFE   DEPOSIT   AND   SURETY 
COMPANY  OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 
A.  T.  KIERNAN, 

VICE-PRESIDENT. 
P.  H.  MOONEY, 

ASST.  SECRETARY. 
[SEAI,.] 
NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

PRESIDENT. 
ATTEST  : 

BALLARD  McCALL, 

SECRETARY. 
[SEAL.J 

STATE  OF  NEW  YORK.  ) 

L  ss  • 

COUNTY  OF  NEW  YORK, ^ 

On  the  6th  day  of  October,  1902,  before  me  personally  appeared 
Perry  Belmont,  to  me  known  and  known  to  me  to  be  the  indi- 
vidual described  in  and  who  executed  the  foregoing  consent,  and 
he  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS   (36), 
[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 

STATE  OF  NEW  YORK. 
COUNTY  OF  NEW  YORK, 

On  this  6th  day  of  October,  1902,  before  me  personally  ap- 
peared Andrew  Freedman,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President 
of  The  United  States  Fidelity  &  Guaranty  Company,  the  corpora- 
tion described  in  and  which  executed  the  foregoing  consent ;  that 
he  knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals 

240 


Bergen  Ave.  Change  of  Route 

affixed  to  said  consent  was  such  corporate  seal;  that  it  was  af- 
fixed thereto  by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  {hereto  by  like  authority.  And  also, 
on  the  6th  day  of  October,  1902,  before  me  personally  appeared 
Adrian  T.  Kiernan,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  Vice-President  of  The 
City  Trust  Safe  Deposit  and  Surety  Company  of  Philadelphia, 
the  corporation  described  in  and  which  executed  the  foregoing 
consent ;  that  he  knew  the  corporate  seal  of  said  company ;  that 
one  of  the  seals  affixed  to  said  consent  was  such  corporate  seal ; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of 
such  company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. And  also,  on  the  6th  day  of  October,  1902,  before  me 
personally  appeared  Daniel  B.  Sickles  to  me  known,  who  being 
by  me  first  duly  sworn,  did  depose  and  say  that  he  was  the  Vice- 
President  of  American  Surety  Company  of  New  York,  the  cor- 
poration described  in  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority.  And 
also,'  on  the  6th  day  of  October,  1902,  before  me  personally  ap- 
peared Charles  A.  Dean,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  President  of  'National 
Surety  Company  of  New  York,  the  corporation  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew  the  cor- 
porate seal  of  said  company ;  that  the  seal  affixed  to  said  consent 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he  signed  his 
name  thereto  by  like  authority.  And  also  on  the  6th  day  of  Oc- 
tober, 1902,  before  me  personally  appeared  August  Belmont,  to 
me  known,  who  being  by  me  first  duly  sworn,  did  depose  and  say 
that  he  was  the  President  of  Rapid  Transit  Subway  Construction 
Company,  the  corporation  described  in  and  which  executed  the 
foregoing  consent ;  that  he  knew  the  corporate  seal  of  said  com- 
pany; that  the  seal  affixed  to  said  consent  was  such  corporate 
seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

[SEAL.]  A.  W.  ANDREWS  (36), 

NOTARY  PUBLIC,   N.  Y.  Co. 

241 


Bergen  Ave.  Change  of  Route 

The  Undersigned  being  the  assignee  of  John  B.  Mc- 
Donald, the  Contractor  above  mentioned,  of  the  right  or  obligation 
to  maintain  and  operate  the  said  rapid  transit  railroad  for  the  term 
of  years  specified  in  said  Contract  for  Construction  and  Opera- 
tion, and  all  rights  included  in  the  leasing  provisions  of  the  said 
Contract,  together  with  the  obligation  to  provide  equipment  for 
the  said  Railroad,  hereby  CONSENTS  to  the  making  of  the  forego- 
ing instrument. 

Dated,  New  York,  October  6th,  1902. 

INTERBOROUGH  RAPID  TRANSIT  CO., 

By  AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

ATTEST  : 

FREDERICK  EVANS, 

SECRETARY. 

STATE  OF  NEW  YORK,  1 

SS  " 

COUNTY  OF  NEW  YORK,^ 

On  this  6th  day  of  October  1902,  before  me  personally  ap- 
peared August  Belmont  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  County  of  Nas- 
sau, in  the  State  of  New  York ;  that  he  is  President  of  Interbor- 
ough  Rapid  Transit  Company,  the  corporation  described  in  and 
which  executed  the  foregoing  consent ;  that  he  knew  the  corporate 
seal  of  said  Company;  that  the  seal  affixed  to  said  consent  was 
such  corporate  seal;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  said  Company,  and  that  he  signed  his  name 
thereto  by  like  authority. 

A.  W.  ANDREWS  (36). 

[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 

Approval  by  Corporation  Counsel. 
THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO  FORM. 

Dated,  New  York,  October  3d,  1902. 

G.  L.  RIVES, 
CORPORATION 


242 


Bergen  Ave.  Change  of  Route 

Resolution  of  June  25th,  1902. 

\YIIKKKAS,  this  Board  did,  on  the  I4th  day  of  January,  1897, 
and  4th  day  of  February,  1897,  adopt  certain  Routes  and 
General  Plan  for  a  rapid  transit  railroad  in  the  City  of  New 
York,  a  copy  of  which  is  hereto  annexed  entitled  "Copy  Routes 
and  General  Plan ;"  and 

WHEREAS,  the  said  Routes  and  General  Plan  were  after- 
wards duly  approved  by  the  municipal  authorities  of  the  City 
of  New  York,  and  were  duly  consented  to  by  commissioners 
appointed  by  the  Appellate  Division  of  the  Supreme  Court, 
which  consent  was  duly  confirmed  by  the  said  Appellate  Di- 
vision, in  lieu  of  the  consent  of  the  owners  of  a  majority  in 
value  of  the  property  along  the  said  routes;  and 

WHEREAS,  thereafter,  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City  of  New  York  did  by  this  Board  enter 
into  a  certain  contract  with  John  B.  McDonald  for  the  con- 
struction and  operation  of  the  said  rapid  transit  railroad ;  and 

WHEREAS,  it  is  the  interest  of  the  City  of  New  York  and, 
in  the  opinion  of  the  said  John  B.  McDonald,  it  is  likewise 
in  his  interest  as  such"  contractor,  and  he  desires  that  said 
Routes  and  Plan  shall  be  changed  in  the  respect  hereinafter 
mentioned,  but  without  other  change  in  the  said  Routes  and 
General  Plan. 

Now,  therefore,  it  is 

RESOLVED,  That,  subject  to  the  consents  and  approvals  to  be 
first  obtained  as  in  this  resolution  hereinafter  mentioned,  the 
said  Routes  and  General  Plan  heretofore  adopted  by  this 
Board  be,  and  they  hereby  are,  modified  as  follows: 

By  striking  from  the  said  Routes  the  portion  thereof  in 
words  as  follows,  to  wit :  "thence  with  a  curve  to  the  left  and 
under  Third  avenue  to  a  point  near  its  intersection  with 
Westchester  avenue,  thence  with  a  curve  to  the  right  to  and 
under  Westchester  avenue." 

And  by  inserting  in  the  said  Routes,  instead  of  the  portion 
thus  struck  out,  the  following  words,  to  wit :  "thence  cross- 
ing Third  avenue  and  under  East  One  Hundred  and  Forty- 
ninth  street  and  Bergen  avenue  upon  a  curve  to  a  point  in 
the  triangular  block  bounded  by  Bergen  avenue,  Gerard  street 
and  East  One  Hundred  and  Forty-ninth  street;  at  that  point 

243 


Bergen  Ave.  Change  of  Route 

beginning  to  emerge  from  the  ground,  and  thence  upon 
viaduct  across  Gerard  street  and  on  or  over  private  property 
in  the  block  bounded  by  Westchester  avenue,  Brook  avenue, 
East  One  Hundred  and  Forty-ninth  street,  Gerard  street  and 
Bergen  avenue  (crossing,  if  necessary,  a  part  of  Brook  ave- 
nue) to  Westchester  avenue." 

The  general  plan  of  construction  of  the  portion  of  the  route 
hereby  substituted  shall  be  as  follows: 

The  tracks  shall  be  placed  in  tunnel  from  the  westerly  end 
of  such  portion  to  a  point  on  private  property  or  on  Gerard 
street,  between  Bergen  avenue  and  East  One  Hundred  and 
Forty-ninth  street,  and  easterly  over  the  rest  of  the  portion 
of  the  route  hereby  substituted  shall  be  carried  upon  a  via- 
duct. The  railroad  may  on  the  portion  of  the  route  between 
Third  avenue  and  Westchester  avenue  occupy  any  portion  of 
any  of  the  streets  of  the  route,  but  the  railroad  shall  not  at 
any  place  exceed  thirty  feet  in  width.  There  shall  be  at 
least  two  parallel  tracks,  with  the  right  at  any  time  to  add 
a  third  track  in  the  discretion  of  the  Board  of  Rapid  Transit 
Railroad  Commissioners. 

In  other  respects  the  provisions  of  the  said  General  Plan 
of  Construction  adopted  on  I4th  January  and  4th  February, 
1897,  shall  be  applicable  to  the  portion  of  the  route  hereby 
substituted ;  and  it  is  further 

RESOLVED,  That  whereas  this  Board  has  duly  made  the  in- 
quiries and  investigation  necessary  or  proper  in  the  premises, 
and  has  determined  that  the  modification  aforesaid  of  the 
said  Routes  and  General  Plan  is  necessary  for  the  interests 
of  the  public  and  of  the  City  of  New  York  and  should  be 
established  as  hereinafter  provided,  this  Board  does  hereby 
determine  and  establish  the  said  Routes  and  General  Plan  as 
hereby  modified,  subject  to  the  consents  and  approvals  to  be 
first  obtained  as  hereinafter  mentioned ;  and  it  is  further 

RESOLVED,  That  the  said  modification  of  the  Routes  and 
General  Plan  shall  take  effect  only  upon  and  after  the  fol- 
lowing consents  thereto  and  approvals  thereof  shall  be  duly 
had,  to  wit : 

i.  The  consent  of  John  B.  McDonald,  contractor,  and  of 
his  sureties,  as  follows:  Rapid  Transit  Subway  Construction 
Company;  The  United  States  Fidelity  and  Guaranty  Com- 

244 


Bergen  Ave.  Change  of  Route 

pany;  The  City  Trust,  Safe  Deposit  and  Surety  Company  of 
Philadelphia ;  American  Surety  Company  of  New  York ;  Na- 
tional Surety  Company,  and  Perry  Belmont. 

2.  The  consent  of  the   Board  of  Aldermen  of  the  City  of 
New  York. 

3.  The  consent  of  the  Mayor  of  the  City  of  New  York. 

4.  The  consent  of  the  owners  of    a    majority    in    value    of 
the  property   along  streets   or   such   portions   of  streets   as   are 
included  in  the  portion  of  routes  by  these   resolutions   pro- 
posed to  be  substituted  as  aforesaid ;  or,  if  such  consents  can- 
not   be    obtained,    then,    in    lieu    thereof,  the  determination  of 
three  commissioners  to  be  appointed  by  the  Appellate  Division 
of  the  Supreme  Court,  duly  confirmed  by  the  said  Appellate 
Division. 

And  it  is  further 

RESOLVED,  That  this  Board  hereby  adopts  the  drawing  now 
produced  and  numbered 
as  showing  in  substance  the  modification  hereby  adopted. 

And  it  is  further  * 

RESOLVED,  That  the  President  and  the  Secretary  of  the  Board 
be,  and  they  hereby  are,  authorized  to  execute  in  the  name  of 
and  on  behalf  of  the  Board  a  contract  with  the  Contractor 
providing  for  the  said  modification  of  the  Routes  and  General 
Plan. 

"Copy  Routes  and  General  Plans. 

"January  14,  1897. 

"One  route  as  follows :  Its  centre  line  shall  commence  at 
a  point  at  or  near  the  intersection  of  Broadway  with  Park 
Row;  thence  under  Park  Row  and  Centre  street  to  a  point 
at  or  near  its  intersection  with  New  Elm  street  as  proposed ; 
thence  under  New  Elm  street,  as  proposed,  to  Lafayette 
place ;  thence  under  Lafayette  place  to  Eighth  street ;  thence 
across  and  under  Eighth  street,  and.  thence  under  private 
property  lying  between  Eighth  and  Ninth  streets  and  east 
of  the  westerly  side  or  line  of  Lafayette  place,  produced,  to 
Fourth  avenue ;  thence  under  Fourth  avenue  and  Park  avenue 
to  Forty-second  street;  thence  turning  from  Park  avenue  into 

245 


Bergen  Ave.  Change  of  Route 

Forty-  second  street,  and  taking  for  the  purposes  of  the  curve, 
if  necessary  or  convenient,  private  property  at  the  southwest 
corner  of  Park  avenue  and  Forty-second  street ;  thence  under 
Forty-second  street  to  Broadway ;  thence  under  Broadway  to 
Fifty-ninth  street;  thence  under  the  Boulevard  to  a  point 
at  or  near  One  Hundred  and  Twenty-fourth  street ;  thence  by 
viaduct  along  and  over  the  Boulevard  to  a  point  at  or  near 
One  Hundred  and  Thirty-fourth  street;  thence  under  the 
Boulevard  and  Eleventh  avenue  to  a  point  on  Eleventh  ave- 
nue, situate  north  of  One  Hundred  and  Ninetieth  street,  and 
distant  therefrom  not  less  than  one  thousand  and  not  more 
than  one  thousand  five  hundred  feet,  and  thence  under  or 
over  (as  may  be  most  convenient)  private  property  to  a  point 
at  the  southeast  end  of  Ellwood  street  near  Hillside  street, 
and  thence  over  Ellwood  street  to  Kingsbridge  avenue  or 
Broadway;  thence  over  Kingsbridge  avenue  or  Broadway,  as 
now  proposed,  to  Riverdale  avenue  and  thence  easterly  over 
Riverdale  avenue  to  a  point  within  five  hundred  feet  of  the 
present  Kingsbridge  station  of  the  New  York  and  Putnam 
Railroad  Company. 

"This  route  shall  include  a  loop  at  the  City  Hall  Park  which 
shall  connect  with  the  portion  of  the  route  aforesaid  along 
Centre  street  at  or  near  the  south  end  of  that  street,  and 
thence  proceed  westerly  and  southerly  under  City  Hall  Park 
and  Broadway,  and  thence  easterly  to  again  connect  with  the 
portion  of  the  route  aforesaid  in  Park  Row.  All  of  the  said 
loop  shall  lie  under  City  Hall  Park,  Park  Row,  between  the 
south  end  of  Centre  street  and  Ann  street,  and  the  portion 
of  Broadway  adjoining  the  City  Hall  Park  lying  between 
Vesey  and  Murray  streets.  This  route  shall  also  include 
suitable  tracks  and  connections  from  the  City  Hall  loop  to 
the  Postoffice,  such  tracks  and  connections  being  under  the 
City  Hall  Park  and  under  the  portion  of  Park  Row  between 
the  south  end  of  Centre  street  and  Ann  street.  This  route 
shall  also  include  suitable  tracks  and  connections  from  the 
portion  of  the  route  near  the  corner  of  Park  avenue  and 
Forty-second  street  to  the  yard  and  tracks  of  the  Grand 
Central  Station.  All  of  the  tracks  and  connections  last  men- 
tioned shall  be  under  Park  avenue  and  Forty-second  street 
and  private  property  to  be  acquired.  By  private  property  in 

246 


Bergen  Ave,  Change  of  Route 

this  description  is  meant  property  not  forming  part  of  the 
streets  of  the  City  of  New  York  and  not  belonging  to  the 
City  of  New  York. 

"Also  a  route  as  follows :  Its  centre  line  shall  diverge  from 
the  route  aforesaid  on  the  Boulevard,  between  a  line  parallel 
to  and  one  hundred  feet  north  of  One  Hundred  and  Third 
street  and  a  line  parallel  to  and  one  hundred  feet  south  of 
One  Hundred  and  Third  street;  thence  under  private  prop- 
erty to  a  point  in  One  Hundred  and  Fourth  street;  thence 
under  One  Hundred  and  Fourth  street  to  and  across  Central 
Park  West;  thence  under  Central  Park  to  the  intersection  of 
Lenox  avenue  and  One  Hundred  and  Tenth  street;  thence 
under  Lenox  avenue  to  a  point  near  One  Hundred  and 
Forty-second  street;  thence  curving  to  the  east  and  passing 
under  private  property,  One  Hundred  and  Forty-third  and  One 
Hundred  and  Forty-fourth  streets,  to  the  Harlem  River  at  or 
near  the  foot  of  One  Hundred  and  Forty-fifth  street;  thence 
under  the  Harlem  River  and  private  property  to  East  One 
Hundred  and  Forty-ninth  street  at  or  near  its  intersection 
with  River  avenue ;  thence  under  East  One  Hundred  and 
Forty-ninth  street  to  a  point  near  its  intersection  with  Third 
avenue;  [thence  with  a  curve  to  the  left  and  under  Third 
avenue  to  a  point  near  its  intersection  with  Westchester  ave- 
nue; thence  with  a  curve  to  the  right  to  and  under  West- 
Chester  avenue],  and  thence  by  viaduct  over  and  along 
Westchester  avenue  to  the  Southern  Boulevard;  thence  over 
and  along  the  Southern  Boulevard  to  the  Boston  road,  and 
thence  over  and  along  the  Boston  road  to  Bronx  Park. 

"The  said  General  Plan  of  Construction  hereby  adopted  is 
as  follows : 

"For  the  route  under  Park  Row  and  the  said  loop  at  City 
Hall  Park,  two  parallel  tracks;  for  the  route  from  the  point 
of  connection  of  the  City  Hall  loop  with  the  route  aforesaid 
at  the  southerly  end  of  Centre  street  to  the  junction  at  or 
near  One  Hundred  and  Third  street  and  the  Boulevard,  four 
parallel  tracks :  for  the  route  from  the  junction  at  or  near 
One  Hundred  and  Third  street  and  the  Boulevard  to  the 
New  York  and  Putnam  Railroad  Company's  station  at  Kings- 
bridge,  two  parallel  tracks ;  for  the  route  from  the  junction 

247 


Bergen  Ave.  Change  of  Route 

at  or  near  One  Hundred  and  Third  street  and  the  Boulevard 
to  Bronx  Park,  two  parallel  tracks. 

"All  of  the  above-mentioned  tracks  shall  be  placed  on  the 
same  level,  except  that  wherever  required  by  special  neces- 
sities of  surface  or  sub-surface  structures  or  other  special 
or  local  necessities  and  for  the  purpose  of  avoiding  grade 
crossings  at  the  southerly  end  of  Centre  street  and  the  One 
Hundred  and  Third  street  junction,  any  one  or  more  of  the 
tracks  may  be  depressed  below  the  level  of  the  other  tracks 
to  a  depth  of  not  more  than  twenty  feet. 

"The  tracks  shall  be  of  standard  gauge,  that  is  to  say,  of 
a  width  of  four  feet  and  eight  and  a  half  inches  between  the 
rails.  There  shall  be  twelve  and  a  half  feet  width  in  the 
tunnels  and  on  the  viaducts  for  each  track,  except  that  at 
stations,  switches,  turnouts,  curves  and  cross  overs,  the  width 
may  be  increased  to  the  extent  permitted  by  the  width  of  the 
tunnel.  The  tracks  wherever  passing  over  or  under  the  streets 
shall  be  placed  over  or  under  the  central  part  of  the  street, 
except  that  no  tunnel  or  viaduct  or  any  wall  or  part  thereof 
under  or  along  a  street,  shall,  except  at  the  stations,  station 
approaches,  curves  and  at  places  of  access  to  sub-surface  struc- 
tures, as  hereinafter  provided,  be  within  a  distance  of  five 
feet  of  the  exterior  line  or  side  of  the  street.  The  tracks  shall 
in  all  cases  be  placed  in  tunnels,  except  only  that  on  the  west 
side  route  on  the  Boulevard  at  or  near  One  Hundred  and 
Twenty-fourth  street  the  tracks  shall  emerge  from  the  tunnel 
and  be  carried  upon  a  viaduct  along  the  Boulevard  to  a  point 
at  or  near  One  Hundred  and  Thirty-fourth  street  and  there 
be  taken  again  into  tunnel,  and  except  also  that  on  the  west 
side  route  at  a  point  at  or  near  One  Hundred  and  Ninetieth 
street  the  tracks  shall  again  emerge  from  the  tunnel  and  be 
carried  upon  a  viaduct  over  private  property  and  the  above- 
mentioned  streets  to  the  Kingsbridge  station,  and  except  also 
that  on  the  east  side  from  a  point  on  Westchester  avenue  at 
or  near  Bergen  avenue  the  tracks  shall  emerge  from  the  tunnel 
and  be  carried  upon  a  viaduct  over  and  along  Westchester 
avenue  and  the  other  streets  above  mentioned  to  Bronx  Park. 

"Wherever  the  tracks  change  from  tunnel  to  viaduct,  or 
from  viaduct  to  tunnel,  the  change  shall  be  so  made  as  to 
occupy  or  obstruct  the  use  of  the  surface  of  the  street  to  the 

248 


Bergen  Ave.  Change  of  Route 

least  possible  extent  consistent  with  the  proper  gradient  for 
the  tracks. 

"The  roof  of  the  tunnel  shall  be  as  near  the  surface  of  the 
street  as  street  conditions  and  grades  will  permit.  The  tunnel 
shall  not  be  less  than  thirteen  feet  in  height  in  the  clear.  The 
maximum  widths  of  the  tunnel  in  the  clear  shall  be  as  fol- 
lows: 

"For  the  route  under  Park  Row  and  the  City  Hall  Park 
loop,  thirty-eight  feet;  for  the  route  from,  at  or  near  the 
south  end  of  Centre  street  and  to  the  commerfcement  of  New 
Elm  street,  fifty  feet;  for  the  route  from,  at  or  near  the  com- 
mencement of  New  Elm  street  to  Lafayette  place,  sixty-eight 
feet;  for  the  route  from,  at  or  near  the  commencement  of 
Lafayette  place  to  the  junction  at  or  near  One  Hundred  and 
Third  street,  fifty  feet;  for  the  west  side  route  from  the  junc- 
tion at  or  near  One  Hundred  and  Third  street  to  Kingsbridge 
station,  twenty-five  feet;  and  for  the  east  side  route  from,  at 
or  near  the  junction  at  One  Hundred  and  Third  street  to 
Bronx  Park,  twenty-five  feet;  except  that  wherever  the  na- 
ture of  the  streets  necessitates  a  curve  that  an  additional 
width  of  tunnel  may  be  added  not  exceeding  three  feet  for 
each  track,  and  except  that  on  Fourth  avenue,  from  Thirty- 
second  to  Forty-third  street,  the  permissible  width  shall  be 
sixty-five  feet ;  and  for  the  tunnel  beneath  the  Harlem  River 
and  its  approaches,  the  permissible  width  shall  be  thirty-five 
feet.  At  each  cross  street  where  accommodations  for  pipes, 
wires,  sewers  and  other  sub-surface  structures  have  been  pro- 
vided within  the  tunnel,  the  tunnel  may,  in  order  to  provide 
convenient  access  to  such  pipes,  wires,  sewers  and  other  sub- 
surface structures,  have,  within  the  limit  of  the  sides  or  ex- 
terior lines  of  such  cross  street  or  such  lines  produced,  an 
additional  width  on  each  side  of  the  route  not  to  exceed  fifteen 
feet,  and  the  area  of  additional  width  on  either  side  not  to 
approach  nearer  than  twelve  feet  to  either  side  or  exterior 
line  of  such  cross  street.  Footways  between  the  tracks  shall 
be  provided  the  whole  length  of  the  line  and  accommodations 
arranged  for  the  convenience  and  protection  of  employes. 

"Whenever  necessary  for  the  proper  support  of  the  street 
surface,  the  roof  of  the  tunnel  shall  be  of  iron  or  steel  girders 
with  brick  or  concrete  arches  supported  by  iron  or  steel  col- 

249 


Bergen  Ave.  Change  of  Route 

urns  and  masonry  walls,  or  the  roof  shall  be  a  masonry  arch. 
Viaducts  shall  be  built  with  a  width  of  twelve  and  one-half 
feet  for  each  track  and  with  an  additional  width  of  three  feet 
on  each  side  for  outside  footways.  Viaducts  may  be  built 
of  metal  or  masonry,  or  of  both. 

"Adjacent  tracks  shall  be  connected  by  necessary  and  suit- 
able switches  and  connections,  and  an  additional  track  for 
siding  accommodation  may  be  constructed  not  to  exceed  in 
length  one-quarter  of  a  mile  for  each  mile  of  roadway,  but 
provided  always  that  the  side  of  the  tunnel  shall  not,  by  the 
enlargement  of  the  tunnel  for  that  purpose,  be  brought  within 
five  feet  of  the  exterior  line  or  side  of  the  street. 

"Along  Elm  street,  wherever  the  tunnel  shall  be  in  the  clear 
not  less  than  sixty-eight  feet  wide,  the  pipes,  wires,  sewers 
and  other  sub-surface  structures  shall  be  placed  in  suitable 
galleries  in  the  tunnel  at  the  outside  of  the  exterior  tracks. 
But  any  such  pipes,  wires,  sewers  and  other  sub-surface  struc- 
tures may  be  placed  in  suitable  galleries  beneath  the  tracks, 
or  such  pipes,  wires,  sewers  and  other  sub-surface  structures 
may  be  placed  in  the  ground  above  or  at  the  sides  of  the 
tunnel,  or  at  the  outside  of  the  exterior  tracks,  and  whenever 
so  placed  beneath  the  tracks,  or  in  the  ground  above  or  at 
the  sides  of  the  tunnel,  the  width  of  the  tunnel  on  New  Elm 
street  shall  not  be  more  than  fifty  feet.  Pipes,  wires,  sewers 
and  other  sub-surface  structures  shall,  at  any  part  of  the  said 
routes,  be  removed  or  disturbed  only  when  necessary  for 
the  construction  and  operation  of  the  railway,  and,  if  removed 
or  disturbed,  shall  be  placed  under  the  streets  in  such  man- 
ner and  in  such  location  that  the  use  and  service  thereof  shall 
not  be  impaired.  Such  pipes,  wires,  sewers  and  other  sub- 
surface structures  shall,  be  left  or  shall  be  so  arranged  as  to 
give  free  access  for  their  repair  or  alteration,  or  for  the  placing 
with  them  of  new  pipes,  wires,  sewers  and  other  like  struc- 
tures, and  for  making  connections  between  the  same  and  build- 
ings at^any  time. 

"Station  and  station  approaches  shall,  in  general,  be  at  the 
intersections  of  streets  and  shall  be  built  under,  or,  if  the 
position  of  the  tracks  so  require,  over,  the  streets  and  imme- 
diately adjoining  private  abutting  property,  or  through  private 
property  to  be  acquired  for  the  purpose,  or  both  under  or 


Bergen  Ave   Change  of  Route 

over  streets  and  through  private  property  as  aforesaid,  except 
that  on  the  Boulevard,  stations  and  station  approaches  may 
be  in  the  centre  of  the  street.  The  streets  under  or  over 
which  stations  or  station  approaches  shall  be  built  may  in- 
clude cross  streets,  but  no  part  of  any  cross  street  shall  be 
used  for  a  station  or  station  approach  at  a  distance  greater 
than  seventy-five  feet  from  the  exterior  line  or  side  of  the 
street  of  the  route.  The  word  'street,'  wherever  used  herein, 
shall  include  an  avenue  or  public  place. 

"Along  the  Boulevard  there  may  be  openings  in  the  sur- 
face of  the  street  from  the  tunnel  for  the  purpose  of  ventila- 
tion and  light ;  such  openings  shall  be  guarded  by  convenient 
and  ornamental  inclosures.  The  openings  shall  not  exceed 
twenty  feet  in  width  and  fifty  feet  in  length.  No  two  open- 
ings shall  be  within  fifty  feet  of  each  other.  No  opening  or 
part  thereof  shall  be  within  the  limits  of,  or  opposite  to,  any 
street  intersecting  the  Boulevard ;  and  within  the  distance  of 
any  one  block  on  the  Boulevard  between  any  two  adjacent 
crossing  streets  there  shall  not  be  more  than  two  such  open- 
ings. 

"The  general  mode  of  operation  shall  be  by  electricity  or 
some  other  power  not  requiring  combustion  within  the  tun- 
nels or  on  the  viaducts,  and  the  motors  shall  be  capable  of 
moving  trains  at  a  speed  of  not  less  than  forty  miles  per  hour 
for  long  distances,  exclusive  of  stops. 

"The  manner  of  construction  shall  be  by  tunnelling  or  open 
excavation ;  it  is  further 

"RESOLVED,  That  plans  be  prepared  to  show  the  route  and 
general  plan,  in  so  far  as  they  are  hereby  adopted,  which  said 
plans,  when  formally  adopted,  shall  be  deemed  to  be  incor- 
porated herein  and  to  form  a  part  hereof. 


"February  4,  1897. 

"RESOLVED,  That  this  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  New  York  hereby  adopts  the  draw- 
ings now  produced  and  numbered  from  I  to  60,  both  inclusive,  as 
showing  the  route  and  general  plan  adopted  by  resolution  of 

251 


Bergen  Ave.  Change  of  Route 

this  Board  on  January  14,  1897,  and  that  as  provided  in  the 
said  resolution  the  said  drawings  be  deemed  incorporated  in 
and  to  form  part  of  the  said  resolution ;  and  it  is  further 

"RESOLVED,  That  the  said  route  and  general  plan  with  the 
said  drawings,  and  the  said  resolution  of  January  14,  1897,  be, 
and  they  hereby  are,  adopted  by  this  Board." 


252 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN  B.  MCDONALD 

Contractor 


AGREEMENT 

Modifying    Contract    for  Construction   and    Operation 
of    Rapid    Transit    Railroad 

LENOX    AVENUE 


Dated,    January    16th,    1903 
Executed,   January,    1903 


Lenox  Ave.  Extension 

Agreement  made  this  i6th  day  of  January,  in  the  year 
Nineteen  hundred  and  three,  between  THE  CITY  OF  NEW  YORK 
(hereinafter  called  the  City),  acting  by  'the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New  York  (here- 
inafter called  the  Board),  party  of  the  first  part,  and  JOHN  B. 
MCDONALD,  of  The  City  of  New  York  (hereinafter  called  the 
Contractor),  party  of  the  second  part,  WITNESSETH  : 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of  Febru- 
ary, 1900,  the  City,  acting  by  the  Board,  entered  into  a  contract 
with  the  Contractor  for  the  construction  and  operation  of  a  Rapid 
Transit  Railroad  in  the  City  of  New  York  and  otherwise,  as 
therein  mentioned,  the  said  contract  being  hereinafter  styled  the 
Contract  for  Construction  and  Operation;  and 

WHEREAS,  The  Contractor  has  deposited  with  the  Comptroller 
of  the  City  certain  security  for  the  performance  of  the  said  Con- 
tract for  Construction  and  Operation  on  his  part  and  has  given 
certain  bonds  as  further  security  for  such  performance  and  upon 
such  bonds  there  are  sureties  as  follows :  Rapid  Transit  Subway 
Construction  Company,  The  United  States  Fidelity  &  Guaranty 
Company,  The  City  Trust  Safe  Deposit  &  Surety  Company  of 
Philadelphia,  American  Surety  Company  of  New  York,  National 
Surety  Company  and  Perry  Belmont;  and 

WHEREAS,  By  written  instruments  bearing  date  the  tenth  day 
of  July,  1902,  the  Contractor,  with  the  written  -consent  of  the 
Board,  concurred  in  by  six  members  thereof,  duly  assigned  the 
right  or  obligation  to  maintain  and  operate  the  said  Rapid  Transit 
Railroad  for  the  term  of  years  specified  in  the  said  contract  and  all 
rights  included  in  the  leasing  provisions  of  the  said  contract,  to- 
gether with  the  obligation  to  provide  equipment  for  the  said  rail- 
road, unto  Interborough  Rapid  Transit  Company,  which  Com- 
pany also  guaranteed  the  performance  by  the  Contractor  of  the 
provisions  of  his  said  contract  not  so  assigned  to  it ;  and 

WHEREAS,  It  is  in  said  Contract  for  Construction  and  Opera- 
tion provided  that  the  said  Board  of  Rapid  Transit  Railroad  Com- 
missioners shall  have  the  right  for  any  section  of  the  railroad  to 
require  additional  work  to  be  done  or  additional  materials  to  be 
furnished  or  both,  within  the  general  purview  of  a  rapid  transit 
railroad  as  therein  described,  the  reasonable  value  of  which  should 
be  additionally  paid  to  the  Contractor ;  and 

255 


Lenox  Ave.  Extension 

WHEREAS,  The  Contractor  desires,  and  the  Board  approves,  a 
modification  of  the.  Routes  and  General  Plan  for  the  Rapid  Transit 
Railroad  referred  to  in  the  said  Contract  for  Construction  and 
Operation  as  set  forth  in  certain  resolutions  adopted  by  the  Board 
on  the  24th  day  of  October,  1901.  and  the  2Oth  day  of  November, 
1902,  copies  of  which  are  hereto  annexed,  in  order  to  provide  for 
routes  and  a  general  plan  in  addition  to  the  said  Routes  and  Gen- 
eral Plan,  as  in  said  resolutions  .and  herein  described ;  and 

WHEREAS,  On  or  about  the  28th  day  of  April,  1902,  The  Board 
of  Aldermen  of  the  City  of  New  York  did  by  a  majority  vote  of 
all  its  members  approve  such  modification  of  the  Routes  and  Gen- 
eral Plan  as  aforesaid,  as  set  forth  in  said  resolution  of  24th  Octo- 
ber, 1901,  and  did  consent  to  the  construction  of  'a  railway  or 
railways  in  accordance  therewith,  and  on  the  same  day  the  Mayor 
of  the  City  of  New  York  did  approve  the  said  resolution  and  did 
consent  to  the  modification  as  aforesaid ;  and 

WHEREAS,  The  Board  has  obtained  the  approval  of  the  o'wners 
of  a  majority  in  value  of  the  property  along  the  streets  and  por- 
tions of  the  streets  as  are  included  in  the  routes  by  this  agree- 
ment proposed  to  be  added  as  aforesaid  to  such  modification,  and 
the  consent  of  the  said  owners  to  the  construction  and  operation 
of  the  railway  therein  provided  for ;  and 

WHEREAS,  Heretofore,  and  on  or  about  the  3ist  day  of  De- 
cember, 1902,  the  City,  acting  by  the  Board,  entered  into  a  con- 
tract,- a  copy  of  which  is  hereto  annexed,  with  the  Interurban 
Street  Railway  Company,  providing,  among  other  things,  for  cer- 
tain method  and  manner  of  construction  of  the  said  Railroad  in 
front  of  certain  premises,  leased  by  the  Interurban  Street  Railway 
Company,  fronting  on  the  west  side  of  Lenox  avenue,  between 
One  Hundred  and  Forty-sixth  and  One  Hundred  and  Forty-sev- 
enth streets,  wherein  it  was  provided  that  any  contract  made  by 
the  Board  for  construction  in  front  of  such  premises  shall  refer 
to,  and  the  said  contract  shall  therein  be  made  binding  upon,  anj 
such  contractor  and  any  of  his  agents. 

Now,  therefore,  in  consideration  of.  the  premises  and 
subject  to  the  consents  hereinafter  provided,  it  is  agreed 
that  the  said  Contract  for  Construction  and  Operation  and  the 
Routes  and  General  Plan  therein  contained  be,  and  the  same  are 


Leno.r  Ave.  Extension 

hereby  modified  by  adding  to  the  said  Routes  and  General  Plan 
the  words  following,  to  wit: 

"And  also  extending  from  a  point  under  Lenox  avenue 
"near  One  Hundred  and  Forty-second  street  northerly  under 
"Lenox  avenue  to  a  point  at  or  near  its  intersection  with  the 
"street  known  as  'Exterior  street,'  including  connections  by 
"necessary  and  suitable  switches  and  tracks,  or  otherwise, 
"with  abutting  properties  used  as  terminal  or  storage 
"grounds. 

"The  general  plan  of  construction  of  the  route  hereby 
"added  shall  be  by  tunnel  in  the  same  manner  as  provided 
"in  the  routes  and  general  plan  for  the  construction  of  the 
"rapid  transit  railroad  under  the  portion  of  Lenox  avenue  be- 
tween One  Hundred  and  Tenth  street  and  One  Hundred 
"and  Forty-second  street.  There  shall  be  at  least  two  parallel 
"tracks  with  the  right  at  any  time  to  add  a  third  track  in  the 
"discretion  of  the  Board  of  Rapid  Transit  Railroad  Com- 
"missioners. 

"A  station  and  station  approaches  may  also  be  built  at  the 
"intersection  of  one  of  the  streets  intersecting  Lenox  avenue, 
"between  One  Hundred  and  Forty-second  and  Exterior 
"streets,  as  the  Board  of  Rapid  Transit  Railroad  Cqmmis- 
"sioners  may  decide. 

"In  all  other  respects  the  provisions  of  the  said  general 
"plan  of  construction  adopted  January  I4th  and  February 
"4th,  1897,  shall  be  applicable  to  the  portion  of  the  route 
hereby  substituted." 

And  it  is  hereby  agreed  that  the  reasonable  value  of 
constructing  that  portion  of  the  rapid  transit  railroad  upon  the 
said  additional  route  from  the  point  of  commencement  thereof 
under  Lenox  avenue  near  One  Hundred  and  Forty-second  street 
to  a  point  under  Lenox  avenue  at  its  intersection  with  the  centre 
line  of  One  Hundred  and  Forty-eighth  street,  shall  be  deemed  a 
part  of  the  cost  of  constructing  said  rapid  transit  railroad,  and 
shall  be  ascertained  and  determined  and  paid  to  the  Contractor 
in  the  manner  provided  in  the  contract  for  the  construction  and 
operation  of  said  rapid  transit  railroad  in  addition  to  the  amounts 
in  said  contract  agreed  to  be  paid  unto  said  Contractor,  and  such 

257 


Lenox  Ave.  Extension 

additional  amounts  so  paid  shall  be  included  in  the  total  cost  of 
the  construction  of  the  said  railroad  in  determining  the  amount  of 
rental  to  be  paid  under  said  contract  in  like  manner  as  if  said  addi- 
tional route  had  been  originally  authorized  therein ;  and 

WHEREAS,  It  is  in  said  Contract  for  the  Construction  and  Opera- 
tion of  the  Rapid  Transit  Railroad  further  provided  that  the  Con- 
tractor shall  locate  and  furnish  terminal  grounds  subject  to  the 
approval  of  said  Board,  having  a  mileage  of  not  less  than  five 
miles  and  capable  of  storing  the  equipment  to  be  furnished  under 
said  contract  for  which  he  is  to  be  paid  as  specified  therein, 
amounts  not  exceeding  in  all  the  sum  of  One  million  seven  hun- 
dred and  fifty  thousand  dollars  ($1,750,000). 

It  is  hereby  further  agreed,  That  the  Contractor 
shall  construct  as  a  part  of  such  terminals  that  portion  of  the  rapid 
transit  railroad  upon  the  said  additional  route  from  a  point  under 
Lenox  avenue  at  its  intersection  with  the  centre  line  of  One  Hun- 
dred and  Forty-eighth  street  to  the  northerly  termination  thereof 
at  a  point  under  Lenox  avenue  at  or  near  its  intersection  with  the 
street  known  as  "Exterior  street,"  and  that  the  exact  cost  thereof, 
together  with  ten  per  cent.  (10%)  thereon  in  addition  thereto 
shall  be  allowed  and  paid  the  Contractor,  as  in  said  contract  pro- 
vided, and  charged  against  said  Contractor  as  a  payment  on  ac- 
count of  the  total  sum  of  One  million  seven  hundred  and  fifty 
thousand  dollars  ($1,750,000),  allowed  in  said  contract  for 
terminals  as  aforesaid. 

It  is  hereby  further  agreed,  that  the  contract  of 
December  3ist,  1902,  between  the  City  and  the  Interurban  Street 
Railway  Company,  hereinbefore  mentioned,  is  and  shall  be  bind- 
ing upon  the  said  Contractor  and  any  of  his  agents. 

Provided,  however,  and  it  is  expressly  AGREED  That  this 
agreement  shall  take  effect  if  and  when  and  only  when  the  fol- 
lowing consents  shall  have  been  duly  had,  to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway  Construc- 
tion Company,  The  United  States  Fidelity  &  Guarantee  Company, 
The  City  Trust,  Safe  Deposit  &  Surety  Company  of  Philadelphia. 
American  Surety  Company  of  New  York,  National  Surety  Com- 
pany, and  Perry  Belmont,  and  Interborough  Rapid  Transit  Com- 
pany. 

258 


Lenox  Ave.  Extension 

In  witness  whereof  This  contract  has  been  executed 
for  the  City  of  New  York,  by  its  Board  of  Rapid  Transit  Rail- 
road Commissioners,  under  and  by  a  resolution  duly  adopted  by 
said  Board,  concurred  in  by  more  than  six  of  its  members,  and 
the  seal  of  the  said  Board  has  been  hereto  affixed  and  these  pres- 
ents signed  by  the  President  and  Secretary  of  the  said  Board,  and 
the  contractor  has  hereto  set  his  hand  and  seal,  the  day  and  year 
first  above  written. 

BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS. 

By  A.  E.  ORR, 

PRESIDENT. 
[SEAL.]  BION  L.  BURROWS, 

SECRETARY. 
[SEAL.]  JOHN  B.  McDONALD. 

STATE  OF  NEW  YORK,  ) 

L  gg  • 

COUNTY  OF  NEW  YORK,( 

On  this  29th  day  of  January,  1903,  at  the  City  of  New  York,  in 
said  County,  before  me  personally  appeared  Alexander  E.  Orr 
and  Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be,  the 
said  Alexander  E.  Orr,  the  president,  and  the  said  Bion  L.  Bur- 
rows, the  secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  New  York;  and  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the 
said  City,  that  he  was  the  president  of  the  said  Board  and  that  he 
subscribed  his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he  resided 
in  the  Borough  of  Brooklyn,  in  the  said  City  of  New  York,  that 
he  was  the  secretary  of  the  said  Board  and  that  he  subscribed  his, 
name  thereto  by  like  authority;  and  both  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows  that  they  knew  the  seal  of  the  said 
Board  and  that  the  same  was  affixed  to  the  foregoing  instrument 
by  the  authority  of  the  said  Board  and  of  a  resolution  duly  adopted 
by  the  same. 

H.  A.  D.  HOLLMANN, 
NOTARY  PUBLIC  FOR  KINGS  COUNTY,  N.  Y. 

Certificate  filed  in  New  York  County.  [SEAL.] 

259 


/  Lenox  Ave.  Extension 

STATE  OF  NEW  YORK.   ) 

(  SS   ' 

COUNTY  OF  NEW   YORK,  I 

On  this  26th  day  of  January,  1903,  before  me  personally  ap- 
peared John  !'..  McDonald,  to  me  known  and  known  to  me  to  be 
the  person  and  Contractor  named  in  and  who  executed  the  forego- 
ing- contract,  and  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS  (36), 

NOTARY  PUBLIC. 

N.  Y.  Co. 
[SEAL.] 

The  Undersigned  being  the  sureties  of  John'  B.  Mc- 
Donald, the  Contractor  above  mentioned,  upon  the  continuing 
bond  in  the  penalty  of  One  million  dollars  ($1,000,000)  and  the 
bond  for  construction  and  equipment  in  the  penalty  of  Five  mil- 
lion dollars  ($5,000,000)  hereby  consent  to  the  making  of  the 
foregoing  instrument. 

Dated  New  York,  January  26th,  1903. 

RAPID  TRANSIT  SUBWAY  CONSTRUC- 
TION COMPANY, 

By  W.  G.  OAKMAN, 

VICE-PRESIDENT. 
[SEAL.] 

THE  UNITED  STATES  FIDELITY  AND 
GUARANTY  COMPANY, 

By  ANDREW  FREEDMAN, 
ATTEST  :  VICE-PRESIDENT. 

SYLVESTER  J.  O'SULLIVAN, 

MANAGER. 
[SEAL.] 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 

H.  B.  ZEVELY, 

VICE-PRESIDENT. 
WM.  A.   BRANDT, 
ASSISTANT  SECRETARY. 
[SEAL.] 

•    260 


Lenox  Ave.  Extension 

NATIONAL  SURETY  COMPANY, 

By  THOS.  F.  GOODRICH, 

VICE-PRESIDENT. 
ATTEST:  BALLARD  McCALL, 

SECRETARY. 
[SEAL.] 

THE   CITY   TRUST,    SAFE   DEPOSIT   AND    SURETY 
COMPANY  OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 

A.  T.  KIERNAN, 

VICE-PRESIDENT. 
P.  H.  MOONEY, 

ASST.  SECRETARY.    . 

[SEAL.] 
PERRY  BELMONT.  [SEAL.] 

S'IATE  OF  NEW  YORK.  ) 

(.  gg  • 

COUNTY  OF  NEW  YORK.J  " 

On  this  27th  day  of  January,  1903,  before  me  personally  ap- 
peared Perry  Belmont,  to  me  known  and  known  to  me  to  be  the 
individual  described  in  and  who  executed  the  foregoing  consent, 
and  he  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS  (36), 
Notary  Public, 

N.  Y.  Co. 
STATE  OF  NEW  YORK,  ) 

l  ss   ' 

COUNTY  OF  NEW  YORK.J 

On  the  26th  day  of  January,  1903,  before  me  personally  ap- 
peared Andrew  Freedman,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President 
of  the  United  States  Fidelity  &  Guaranty  Company,  the  corpora- 
tion described  in  and  which  executed  the  foregoing  consent ;  that 
he  knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority.  And  also  on 
the  2/th  day  of  January,  1903,  before  me  personally  appeared 
Adrian  T.  Kiernan,  to  me  known,  who  being  by  me  first  duly 

261 


Lenox  Ave.  Extension 

sworn,  did  depose  and  say  that  he  was  the  Vice-President  of  The 
City  Trust,  Safe  Deposit  and  Surety  Company  of  Philadelphia, 
the  corporation  described  in  and  which  executed  the  foregoing 
consent;  that  he  knew  the  corporate  seal  of  said  company;  that 
one  of  the  seals  affixed  to  said  consent  was  such  corporate  seal ; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of 
such  company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. And  also,  on  the  26th  day  of  January,  1903,  before  me 
personally  appeared  Henry  B.  Zevely,  to  me  known,  who  being 
by  me  first  duly  sworn,  did  depose  and  say  that  he  was  the  Vice- 
President  of  American  Surety  Company  of  New  York,  the  cor- 
poration described  in  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority.  And 
also,  on  the  2/th  day  of  January,  1903,  before  me  personally  ap- 
peared Thomas  F.  Goodrich,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President  of 
National  Surety  Company  of  New  York,  the  corporation  described 
in  and  which  executed  the  foregoing  consent ;  that  he  knew  the 
corporate  seal  of  said  company;  that  the  seal  affixed  to  said  con- 
sent was  such  corporate  seal ;  that  it  was  affixed  thereto  by  order 
of  the  Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  authority.  And  also  on  the  26th  day  of 
January,  1903,  before  me  personally  appeared  Walter  G.  Oakman 
to  me  known,  who  being  by  me  first  duly  sworn,  did  depose  and 
say  that  he  was  the  Vice-President  of  Rapid  Transit  Subway  Con- 
struction Company,  the  corporation  described  in  and  which  ex- 
ecuted the  foregoing  consent;  that  he  knew  the  corporate  seal  of 
said  company ;  that  the  seal  affixed  to  said  consent  was  such  cor- 
porate seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  company,  and  that  he  signed  his  name  thereto 
by  like  authority. 

A.  W.  ANDREWS  (36), 

NOTARY  PUBLIC, 
N.  Y.  Co. 
[SEAL.] 


262 


Lenox  Are.  Extension 

The  undersigned  being-  the  assignee  of  John  B.  McDon- 
ald, the  Contractor  above  mentioned,  of  the  right  or  obligation  to 
maintain  and  operate  the  said  rapid  transit  railroad  for  the  term 
of  years  specified  in  said  Contract  for  Construction  and  Opera- 
tion, and  all  rights  included  in  the  leasing  provisions  of  the  said 
Contract;  together  with  the  obligation  to  provide  equipment  for 
the  said  Railroad,  hereby  CONSENTS  to  the  making  of  the  forego- 
ing instrument. 

Dated,  New  York,  January  26th,  1903. 
INTERBOROUGH  RAPID  TRANSIT  CO., 

E.  P.  BRYAN, 
VICE-PRESIDENT. 
[SEAL.] 

STATE  OF  NEW  YORK.  1 
*• 

COUNTY  OF  NEW  YORK,^ 

On  this  26th  day  of  January,  1903,  before  me  personally  ap- 
peared Edward  P.  Bryan,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say,  that  he  resided  in  the  County  of 
Westchester,  in  the  State  of  New  York,  that  he  is  Vice-President 
of  Interborough  Rapid  Transit  Company,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  Company;  that  the  seal  affixed 
to  said  consent  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  said  Company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.ANDREWS  (36), 

[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 

Approval  by  Corporation  Counsel. 
THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO  FORM. 

Dated,  New  York,  January  22d,  1903. 

G.  L.  RIVES, 
CORPORATION  COUNSEL. 

Copy  Resolution  October  24,  1901. 

WHEREAS,  This  Board  did,  on  the  i4th  day  of  January,  1897, 
and  4th  day  of  February,  1897,  adopt  certain  Routes  and  General 

263 


Lenox  Ave.  Extension 

Plan  for  a  rapid  transit  railroad  in  the  City  of  New  York,  a  copy 
of  which  is  hereto  annexed  entitled  "Copy  Routes  and  General 
Plan" ;  and 

WHEREAS,  The  said  Routes  and  General  Plan  were  afterward 
duly  approved  by  the  municipal  authorities  of  the  City  of  New 
York,  and  were  duly  consented  to  by  commissioners  appointed  by 
the  Appellate  Division  of  the  Supreme  Court,  which  consent  was 
duly  confirmed  by  the  said  Appellate  Division,  in  lieu  of  the  con- 
sent of  the  o.wners  of  a  majority  in  value  of  the  property  along 
said  routes ;  and 

WHEREAS,  Thereafter,  and  on  or  about  the  2ist  day  of  Feb- 
ruary, 1900,  the  City  of  New  York  did  by  this  Board  enter  into  a 
certain  contract  with  John  B.  McDonald  for  the  construction  and 
operation  of  the  said  rapid  transit  railroad ;  and 

WHEREAS,  It  is  the  interest  of  the  City  of  New  York,  and,  in 
the  opinion  of  the  said  John  B.  McDonald,  it  is  likewise  in  his 
interest  as  such  contractor,  and  he  desires  that  said  Routes  and 
General  Plan  shall  be  changed  in  the  respect  hereinafter  men- 
tioned, but  without  other  change  in  the  said  Routes  and  General 
Plan ;  now  therefore  it  is 

RESOLVED,  That,  subject  to  the  consents  and  approvals  to  be 
first  obtained  as  in  these  resolutions  hereinafter  mentioned,  the 
said  Routes  and  General  Plan  heretofore  adopted  by  this  Board 
be,  and  they  hereby  are  modified  by  adding  to  the  said  routes  the 
following,  to-wit: 

"And  also  extending  from  a  point  under  Lenox  avenue  near 
One  Hundred  and  Forty-second  street  northerly  under  Lenox  ave- 
nue to  a  point  at  or  near  its  intersection  with  the  street  known  as 
'Exterior  street,'  including  connections  by  necessary  and  suitable 
switches  and  tracks,  or  otherwise,  with  abutting  properties  used 
as  terminal  or  storage  grounds. 

"The  general  plan  of  construction  of  the  portion  of  the  route 
hereby  added  shall  be  by  tunnel  in  the  same  manner  as  provided 
in  the  routes  and  general  plan  for  the  construction  of  the  rapid 
transit  railroad  under  the  portion  of  Lenox  avenue  between  One 
Hundred  and  Tenth  street  and  One  Hundred  and  Forty-second 
street.  There  shall  be  at  least  two  parallel  tracks  with  the  right 
at  any  time  to  add  a  third  track  in  the  discretion  of  the  Board  of 
Rapid  Transit  Railroad  Commissioners. 


Lenox  Ave.  Extension 

"A  station  and  station  approaches  may  also  be  built  at  the  inter- 
section of  one  of  the  streets  intersecting  Lenox  avenue,  between 
One  Hundred  and  Forty-second  and  Exterior  streets,  as  the  Board 
of  Rapid  Transit  Railroad  Commissioners  may  decide." 

In  all  other  respects  the  provisions  of  the  said  general  plan  of 
construction  adopted  January  i4th  and  February  4th,  1897,  shall 
be  applicable  to  the  portion  of  the  route  hereby  substituted;  and 
it  is  further 

RESOLVED,  That  whereas  this  Board  has  duly  made  the  inquiries 
and  investigation  necessary  or  proper  in  the  premises,  and  has  de- 
termined that  the  modification  aforesaid  of  the  said  Routes  and 
General  Plan  are  necessary  for  the  interests  of  the  public  and  of 
the  City  of  New  York  and  should  be  established  as  herein  pro- 
vided, this  Board  does  hereby  determine  and  establish  the  said 
Routes  and  General  Plan  as  hereby  modified,  subject  to  the  con- 
sents and  approvals  to  be  first  obtained  as  hereinafter  mentioned ; 
and  it  is  further 

RESOLVED,  That  the  said  modifications  of  Routes  and  General 
Plans  shall  take  effect  only  upon  and  after  the  following  consents 
and  approvals  thereto  shall  be  duly  had,  to-wit : 

1.  The  consent  of  the  Municipal  Assembly  of  The  City  of  New 
York. 

2.  The  consent  of  the  Mayor  of  the  City  of  New  York. 

3.  The  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along  streets  or  such  portions  of  streets  as  are  included 
in  the  portion  of  routes  by  these  resolutions  proposed  to  be  sub- 
stituted as  aforesaid;  or,  if  such  consents  cannot  be  obtained, 
then,  in  lieu  thereof,  the  determination  of  three  commissioners  to 
be  appointed  by  the  Appellate  Division  of  the  Supreme  Court, 
duly  confirmed  by  the  said  Appellate  Division. 

4.  The  consent  of  the  said  John  B.  McDonald,  contractor,  and 
of  his  sureties,  as  follows:  Rapid  Transit  Subway  Construction 
Company;  The  United  States  Fidelity  and  Guaranty  Company; 
The  City  Trust,  Safe  Deposit  and  Surety  Company  of  Philadel- 
phia; American  Surety  Company  of  New  York;  National  Surety 
Company  and  Perry  Belmont. 

It  is  further 

RESOLVED,  That  this  Board  hereby  adopts  the  drawing  now  pro- 
duced and  numbered  one  as  showing  the  modifications  or  exten- 
sion hereby  adopted. 

265 


Lenox  Ave.  Extension 

Copy  Resolution  November  2oth,   1902. 

WHEREAS,  The  Board  did,  on  the  24th  day  of  October,  1901, 
at  the  request  of  John  B.  McDonald,  the  Contractor,  adopt  cer- 
tain resolutions  modifying  the  routes  and  general  plan  contained 
in  the  Contract  for  Construction  and  Operation,  entered  into  by 
the  City  of  New  York  and  the  said  Contractor  on  or  about  the 
2  ist  day  of  February,  1900,  in  order  to  provide  for  a  route  and  a 
general  plan  in  addition  to  the  said  routes  and  general  plan  in 
said  Contract  contained ;  and 

WHEREAS,  The  said  Contractor  is  willing  that  the  cost  of  con- 
structing that  portion  of  the  Rapid  Transit  Railroad  upon  the  said 
additional  routes  from  the  point  of  its  commencement  under  Lenox 
avenue  near  One  Hundred  and  Forty-second  street  to  a  point  un- 
der Lenox  avenue  at  its  intersection  with  the  centre  line  of  One 
Hundred  and  Forty-eighth  street,  shall  be  deemed  a  part  of  the 
cost  of  constructing  said  Rapid  Transit  Railroad  and  shall  be  as- 
certained and  determined  and  paid  to  the  said  Contractor  in  the 
manner  provided  in  the  Contract  for  Construction  and  Operation 
of  said  Rapid  Transit  Railroad  in  addition  to  the  amounts  in  said 
contract  agreed  to  be  paid  unto  said  Contractor,  and  such  addi- 
tional amounts  so  paid  shall  be  included  in  the  total  cost  of  the 
construction  of  the  said  Railroad  in  determining  the  amount  of 
rental  to  be  paid  under  said  contract,  in  like  manner  as  if  said  ad- 
ditional route  had  been  originally  authorized  therein ;  and  that  the 
cost  of  constructing  that  portion  of  the  said  railroad  upon  the  said 
additional  routes  from  a  point  under  Lenox  avenue  at  its  inter- 
section with  the  centre  line  of  One  Hundred  and  Forty-eighth 
street  to  the  northerly  end  of  such  extension  route  at  a  point  under 
Lenox  avenue  at  or  near  its  intersection  with  the  street  known  as 
Exterior  street,  shall  be  deemed  to  be  part  of  the  terminals  pro- 
vided for  in  the  said  Contract  for  Construction  and  Operation, 
and  that  the  exact  cost  thereof,  together  with  ten  per  cent,  thereon 
in  addition  thereto,  shall  be  allowed  and  paid  the  Contractor  as  in 
said  Contract  for  Construction  and  Operation  provided,  and 
charged  against  said  Contractor  as  a  payment  on  account  of  the 
total  sum  of  One  million  seven  hundred  and  fifty  thousand  dollars 
($1,750,000),  the  maximum  amount  allowed  in  said  contract  for 
terminals ; 

RESOLVED,  That  the  officers  of  this  Board  be,  and  they  hereby 
are,  in  the  name  and  under  the  seal  of  the  Board,  authorized  to 

266 


Lenox  Ave.  Extension 

execute  with  the  Contractor  a  contract  modifying  the  Contract  for 
Construction  and  Operation  in  this  respect,  substantially  as  fol- 
lows: 

[Here  follows  form  of  Contract.] 

Agreement  of  December  sist,  1902. 

Agreement,  made  this  3ist  day  of  December,  in  the  year  1902, 
between  the  City  of  New  York,  acting  by  The  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New  York,  here- 
inafter called  the  Board,  party  of  the  first  part,  and  the  Interurban 
Street  Railway  Company,  of  the  City  of  New  York,  hereinafter 
called  the  Company,  party  of  the  second  part : 

WHEREAS,  The  Sixth  Avenue  Railroad  Company  and  the  Met- 
ropolitan Street  Railway  Company  are  severally  the  owners  of 
the  property  fronting  on  the  west  side  of  Lenox  avenue,  between 
One  Hundred  and  Forty-sixth  and  One  Hundred  and  Forty-sev- 
enth streets,  in  the  Borough  of  Manhattan,  City  of  New  York, 
and  have  leased  the  said  property,  and  the  same  is  now  held  by 
the  Interurban  Street  Railway  Company,  the  party  hereto  of  the 
second  part  under  lease;  and 

WHEREAS,  The  said  owning  corporations  have,  by  instrument 
bearing  date  the  I4th  day  of  August,  1902,  copies  of  which  are 
hereto  annexed  marked  "A,"  given  their  consent  in  writing  to  the 
construction  of  the  rapid  transit  railroad  in  this  City  according  to 
the  certain  routes  and  general  plan  of  construction ;  and 

WHEREAS,  It  is  for  the  interest  of  all  the  parties  that  the  con- 
struction of  said  rapid  transit  railroad  under  the  authority  of  the 
Board  shall  not  interfere  with  the  operation  of  the  railroad  of  the 
Company,  and  shall  not  prevent  access  to  and  egress  from  said 
car  house ; 

Now,  THEREFORE,  in  consideration  of  one  dollar  ($1.00)  and  of 
other  good  and  valuable  considerations,  each  to  the  other  in  hand 
paid,  the  parties  hereto  agree  as  follows: 

The  Board  agrees  that  the  work  of  constructing  said  rapid 
transit  railroad  according  to  the  said  routes  and  general  plan  in 
front  of  the  premises  of  the  Company  aforesaid  shall  be  done  in 
such  a  manner  that  there  shall  be  no  unreasonable,  unnecessary  or 
preventable  interference  with  or  obstruction  to  the  operation  of 
the  railroad  of  the  Company  in  front  of  said  premises  by  the  Com- 

267 


Lenox  Ave.  Extension 

missioners  or  any  of  their  servants  or  agents,  or  by  any  con- 
tractor or  any  of  his  servants,  agents  or  employees,  who  shall  at 
any  time  carry  on  construction  work  in  front  of  said  premises. 

That  the  method  and  manner  of  construction  be  such  that  the 
tracks  and  special  work  of  the  Railway  Company,  as  well  as  the 
pits  beneath  the  special  work,  shall  not  be  disturbed,  and  shall  be 
maintained  at  all  times  in  condition  for  safe  operation  of  the  cars 
of  the  Railway  Company.  And  whenever  it  shall  be  necessary  to 
undermine  this  special  track  work,  it  shall  be  supported  by  sub- 
stantial timbering  in  a  manner  acceptable  to  the  Engineer  of  the 
Railway  Company. 

And  if  it  shall  be  necessary  during  the  progress  of  the  work  to 
remove  the  bottoms  from  any  of  the  junction  pits  or  manholes, 
the  concrete  bottoms  shall  be  replaced  by  timber  platforms. 

Also  -whenever  it  shall  be  necessary  during  the  progress  of  the 
work  to  drive  sheet  piling  near  these  tracks  or  special  work,  it 
shall  be  done  at  such  time  and  in  such  manner  as  not  to  interfere 
with  the  free  use  of  the  tracks  by  the  Railway  Company. 

It  is  also  understood  that  after  the  completion  of  the  tunnel,  the 
tracks  and  special  work  of  the  Railway  Company  will  be  perma- 
nently supported  in  such  a  way  as  to  obviate  any  settlement  after 
the  removal  of  the  temporary  supports. 

That  any  contract  made  by  the  Commissioners  for  construction 
in  front  of  such  premises  shall  refer  to,  and  this  contract  shall 
therein  be  made  binding  upon,  any  such  contractor  and  any  of  his 
agents. 

IN  WITNESS  WHEREOF,  the  parties  hereto  have  signed  this  agree- 
ment the  day  and  year  first  above  written. 

THE  BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMIS- 
SIONERS FOR  THE  CITY  OF  NEW  YORK, 

By  A.  E.  ORR, 
PRESIDENT. 

BION  L.  BURROWS, 
[SEAL.]  SECRETARY.  - 

INTERURBAN  STREET  RAILWAY  COMPANY, 

By  H.  H.  VREELAND, 
[SEAL.]  PRESIDENT. 


268 


Lenox  Ave.  Extension 

To  the  Board  of  Rapid  Transit  Railroad  Commissioners  for  the 
City  of  Neiv  York: 

Referring  to  the  routes  and  general  plan  of  construction  adopted 
by  said  Board  of  Rapid  Transit  Railroad  Commissioners  on  the 
I4th  day  of  January,  1897,  and  to  the  plans  and  conclusions  there- 
with, all  of  which  were  on  or  about  the  2d  day  of  March,  1897, 
transmitted  by  said  Board  to  the  Common  Council  of  the  City  of 
New  York,  and  referring  also  to  the  resolutions  adopted  by  said 
Board  on  the  24th  day  of  October,  1901,  and  thereafter  trans- 
mitted to  the  Board  of  Aldermen  of  the  present  City  of  New 
York,  providing  for  the  modification  of  or  extension  to  said 
routes,  general  plan  of  construction,  plans  and  conclusions,  by 
adding  to  the  said  routes  the  following,  to-wit :  Lenox  avenue, 
from  a  point  in  the  centre  line  thereof  near  the  centre  line  of  One 
Hundred  and  Forty-second  street,  northerly  to  a  point  at  or  near 
the  intersection  of  Lenox  avenue  with  Exterior  street;  the  gen- 
eral plan  of  construction  to  be  by  tunnel  in  the  same  manner  as 
provided  in  the  routes  and  general  plan  for  the  construction  of 
the  rapid  transit  railroad  under  that  portion  of  Lenox  avenue  be- 
tween One  Hundred  and  Tenth  street  and  One  Hundred  and 
Forty-second  street,  the  undersigned,  Metropolitan  Street  Rail- 
way Company,  of  No.  ,  in 
the  City  of  New  York,  being  owner  of  property  on  the  west  side 
of  Lenox  avenue,  in  the  Borough  of  Manhattan,  in  the  City  of 
New  York,  along  and  bounded  on  the  said  west  side  of  said 
Lenox  avenue,  and  known  as  Lot  No.  i,  Block  No.  2015,  on  the 
Block  Map  of  Taxes  and  Assessments  of  the  City  of  New  York, 
filed  in  the  office  of  the  Commissioners  of  Taxes  and  Assessments 
in  the  Borough  of  Manhattan,  in  the  City  of  New  York,  in  the 
year  1902,  does  hereby  consent  to  the  construction  and  operation 
of  a  rapid  transit  railway  in  the  City  of  New  York  according  to 
the  said  routes,  general  plan  of  construction,  plans  and  conclu- 
sions transmitted  as  aforesaid  by  said  Board  to  the  Common 
Council  of  the  City  of  New  York,  but  modified  as  aforesaid. 

Dated  the  I4th  day  of  October,   1902. 

METROPOLITAN  STREET  RAILWAY 
COMPANY, 

By  D.  B.  HASBROUCK, 
[SEAL.]  VICE-PRESIDENT. 

269 


Lenox  Ave.  Extension 

CITY  AND  COUNTY  OF  NEW  YORK,  ss. : 

On  this  1 6th  day  of  October,  A.  D.,  1902,  before  me  personally 
came  D.  B.  Hasbrouck,  to  me  known,  who,  being  by  me  duly 
sworn,  did  depose  and  say  that  he  resided  in  the  City  of  New 
York,  Borough  of  Brooklyn,  and  State  of  New  York;  that  he  is 
the  Vice-President  of  the  Metropolitan  Street  Railway  Company, 
the  corporation  described  in  and  which  executed  the  foregoing  in- 
strument ;  that  he  knew  the  seal  of  said  corporation ;  that  the  seal 
affixed  to  said  instrument  was  such  corporate  seal ;  that  it  was  so 
affixed  by  order  of  the  Board  of  Directors  of  said  corporation,  and 
that  he  signed  his  name  thereto  by  the  like  order. 

RALPH  W.  BOTHAM, 
[L.  s.]  NOTARY  PUBLIC    KINGS  Co.   (83). 

Certificate  filed  in  New  York  County. 

To  the  Board  of  Rapid  Transit  Railroad  Commissioners  for  the 
City  of  New  York: 

Referring  to  the  routes  and  general  plan  of  construction  adopted 
by  said  Board  of  Rapid  Transit  Railroad  Commissioners  on  the 
i4th  day  of  January,  1897,  and  to  the  plans  and  conclusions  there- 
with, all  of  which  were  .on  or  about  the  2d  day  of  March,  1897, 
transmitted  by  said  Board  to  the  Common  Council  of  the  City  of 
New  York,  and  referring  also  to  the  resolutions  adopted  by  said 
Board  on  the  24th  day  of  October,  1901,  and  thereafter  transmit- 
ted to  the  Board  of  Aldermen  of  the  present  City  of  New  York, 
providing  for  the  modification  of  or  extension  to  said  routes,  gen- 
eral plan  of  construction,  plans  and  conclusions,  by  adding  to  the 
said  routes  the  following,  to-wit :  Lenox  avenue,  from  a  point  in 
the  centre  line  thereof  near  the  centre  line  of  One  Hundred  and 
Forty-second  street,  northerly  to  a  point  at  or  near  the  intersec- 
tion of  Lenox  avenue  with  Exterior  street;  the  general  plan  of 
construction  to  be  by  tunnel  in  the  same  manner  as  provided  in 
the  routes  and  general  plan  for  the  construction  of  the  rapid  tran- 
sit railroad  under  that  portion  of  Lenox  avenue  between  One 
Hundred  and  Tenth  street  and  Ohe  Hundred  and  Forty-second 
street,  the  undersigned,  Sixth  Avenue  Railroad  Company,  of  No. 

,  in  the  City  of  New  York,  being 

owner  of  property  on  the  west  side  of  Lenox  avenue,  in  the  Bor- 
ough of  Manhattan,  in  the  City  of  New  York,  along  and  bounded 

270 


Lenox  Ave.  Extension 

on  the  said  west  side  of  said  Lenox  avenue,  and  known  as  Lot 
No.  i,  Block  No.  2015,  on  the  Block  Map  of  Taxes  and  Assess- 
ments of  the  City  of  New  York,  filed  in  the  office  of  the  Com- 
missioners of  Taxes  and  Assessments  in  the  Borough  of  Manhat- 
tan, in  the  City  of  New  York,  in  the  year  1902,  does  hereby  con- 
sent to  the  construction  and  operation  of  a  rapid  transit  railway  in 
the  City  of  New  York  according  to  the  said  routes,  general  plan 
of  construction,  plans  and  conclusions  transmitted  as  aforesaid  by 
said  Board  to,  the  Common  Council  of  the  City  of  New  York,  but 
modified  as  aforesaid. 

Dated  the  I4th  day  of  October,  1902. 
SIXTH  AVE.  R.  R.  CO., 

By  FRANK  CURTISS, 

[  SEAL.  ]  PRESIDENT. 

ATTEST:  E.  H.  GARRISON, 

SECRETARY. 

CITY  AND  COUNTY  OF  NEW  YORK,  ss. : 

On  this  I4th  day  of  October,  A.  D.  1902,  before  me  personally 
came  Frank  Curtiss,  to  me  known,  who,  being  by  me  duly  sworn, 
did  depose  and  say  that  he  resided  in  the  Town  of  Sheffield,  State 
of  Massachusetts,  and  he  is  the  President  of  the  Sixth  Avenue 
Railroad  Company,  the  corporation  described  in  and  which  ex- 
ecuted the  foregoing  instrument;  that  he  knew  the  seal  of  said 
corporation ;  that  the  seal  affixed  to  said  instrument  was  such  cor- 
porate seal ;  that  it  was  so  affixed  by  order  of  the  Board  of  Di- 
rectors of  said  corporation,  and  that  he  signed  his  name  thereto 
by  the  like  order. 

WARREN  C.  FRENCH,  Jr., 

[L.  s.]  NOTARY  PUBLIC, 

N.  Y.  Co. 


271 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Tratotit  Board 


WITH 


JOHN    B.    McDONALD,    Contractor 


AND 


INTERBOROUGH  RAPID    TRANSIT  COMPANY 


AGREEMENT 

Modifying    Contract    for  Construction   and    Operation 
of    Rapid    Transit    Railroad 

FORT    LEE    FERRY 


Dated,    July    16th,    1903 


Ft.  Lee  Ferry  Connection 

Agreement  made  this  i6th  day  of  July,  in  the  year  Nine- 
teen hundred  and  three,  between  THE  CITY  OF  NEW  YORK  (here- 
inafter called  the  City),  acting  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  The  City  of  New  York  (hereinafter 
called  the  Board),  party  of  the  first  part,  and  JOHN  B.  McDoN- 
ALD,  of  The  City  of  New  York  (hereinafter  called  the  Contrac- 
tor), and  Interborough  Rapid  Transit  Company,  parties  of  the 
second  part,  WITNESSETH  : 

WHEREAS,  Heretofore  and  on  the  I4th  day  of  January,  1897, 
and  the  4th  day  of  February,  1897,  the  Board  adopted  certain 
Routes  and  General  Plan  for  a  rapid  transit  railroad  in  the  City 
of  New  York,  a  portion  of  which  extends  under  the  Boulevard  to 
a  point  at  or  near  One  Hundred  and  Twenty-fourth  street  and 
thence  by  viaduct  along  and  over  the  Boulevard  to  a  point  at  or 
near  One  Hundred  and  Thirty-fourth  street  and  thence  further  to 
the  north  on  the  westerly  branch  of  the  said  rapid  transit  railroad : 
and 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of  Feb- 
ruary, 1900,  the  City,  acting-  by  the  Board,  entered  into  a  contract 
with  the  Contractor  for  the  construction  and  operation  of  the  said 
Rapid  Transit  Railroad  in  the  City  of  New  York  and  otherwise, 
as  therein  mentioned,  the  said  contract  being  hereinafter  styled  the 
Contract  for  Construction  and  Operation ;  and 

WHEREAS,  The  Contractor  has  deposited  with  the  Comptroller 
of  the  City  certain  security  for  the  performance  of  the  said  Con- 
tract for  Construction  and  Operation  on  his  part  and  has  given 
certain  bonds  as  further  security  for  such  performance  and  upon 
such  bonds  there  are  sureties  as  follows :  Rapid  Transit  Subway 
Construction  Company,  The  United  States  Fidelity  and  Guaranty 
Company,  The  City  Trust  Safe  Deposit  and  Surety  Company  of 
Philadelphia,  American  Surety  Company  of  New  York,  National 
Surety  Company,  and  Perry  Belmont ;  and 

WHEREAS,  By  written  instrument  bearing  date  the  tenth  day  of 
July,  1902,  the  Contractor,  with  the  written  consent  of  the  Board, 
concurred  in  by  six  members  thereof,  duly  assigned  the  right  or 
obligation  to  maintain  and  operate  the  said  Rapid  Transit  Rail- 
road for  the  term  of  years  specified  in  the  said  contract  and  all 
rights  included  in  the  leasing  provisions  of  the  said  contract,  to- 
gether with  the  obligation  to  provide  equipment  for  the  said  rail- 
road, unto  Interborough  Rapid  Transit  Company,  which  Company 

275 


Ft.  Lee  Ferry  Connection 

also  guaranteed  the  performance  by  the  Contractor  of  the  pro- 
visions of  his  said  contract  not  so  assigned  to  it ;  and 

WHEREAS,  It  is  in  said  Contract  for  Construction  and  Opera- 
tion provided  that  the  said  Board  of  Rapid  Transit  Railroad  Com- 
missioners shall  have  the  right  to  require  additional  work  to  be 
done  or  additional  materials  to  be  furnished  or  both,  within  the 
general  purview  of  a  rapid  transit  railroad  as  therein  described, 
the  reasonable  value  of  which  should  be  additionally  paid  to  the 
Contractor;  and 

WHEREAS,  The  Contractor  desires,  and  the  Board  approves,  a 
modification  of  the  Routes  and  General  Plan  for  the  Rapid  Transit 
Railroad  referred  to  in  the  said  Contract  for  Construction  and 
Operation  as  set  forth,  in  certain  resolutions  adopted  by  the  Board 
on  the  1 6th  day  of  July,  1903,  a  copy  of  which  is  hereto  annexed, 
in  order  to  provide  for  an  addition  to  the  said  Routes  and  General 
Plan,  as  in  said  resolutions  and  herein  described ; 

Now,  therefore,  in  consideration  of  the  premises,  but  sub- 
ject to  the  consents  hereinafter  provided,  it  is  agreed  that 
the  said  Contract  for  Construction  and  Operation  and  the  Routes 
and  General  Plan  therein  contained  be,  and  the  same  are  hereby 
modified  by  adding  to  the  said  Routes  and  General  Plan  the  words 
following,  to  wit : 

''And  also  a  branch  or  spur  extending  from  the  line  of  the 
"route  aforesaid  on  Broadwav  (formerly  the  Boulevard),  at 
"a  point  about  one  hundred  (100)  feet  northerly  from  the 
"north  line  of  One  Hundred  and  Twenty-fifth  street,  and 
"thence  extending  northerly  along  and  over  Broadway  (being 
"in  addition  to  the  tracks  hereinbefore  originally  provided 
"along  such  portion  of  Broadway)  to  Manhattan  street ; 
"thence  westerly  along  and  over  Manhattan  street  and  under 
"the  Manhattan  viaduct  and  over  and  across  the  tracks  of  the 
"New  York  Central  and  Hudson  River  Railroad,  West  One 
"Hundred  and  Thirtieth  street  and  the  exterior  or  bulkhead 
"street  to  the  ferry  house  at  the  foot  of  West  One  Hundred 
"and  Thirtieth  street,  together  with  proper  connections  by 
"necessary  and  suitable  switches,  tracks  and  otherwise,  with 
"the  rapid  transit  railroad  originally  described  in  said  Routes 
"and  General  Plan,  at  and  north  of  One  Hundred  and  Twenty- 


Ft.  Lee  Ferry  Connection 

"fifth  street,  and  also  including-  proper  connections  by  stair- 
"ways  and  otherwise  with  the  said  ferry  house. 

"The  general  plan  of  construction  of  the  route  hereby 
"added  shall  be  by  elevated  structure  of  the  same  character 
"and  to  be  constructed  in  the  same  manner  as  is  hereinbefore 
"provided  for  the  elevated  portion  of  the  rapid  transit  rail- 
"road  over  and  along  Broadway  (the  Boulevard)  at  One 
"Hundred  and  Twenty-fifth  street.  There  shall  be  at  least 
"two  parallel  tracks  with  the  right  at  any  time  to  add  a  third 
"track  in  the  discretion  of  the  Board  of  Rapid  Transit  Rail- 
"road  Commissioners.  The  said  connections,  switches  and 
"tracks  shall  be  so  constructed  as  to  make  convenient  the  run- 
"ning  of  trains  without  change  between  the  portions  of  the 
"said  rapid  transit  railroad  over  and  along  Broadway  (the 
"Boulevard)  south  of  One  Hundred  and  Twenty-fifth  street 
"and  the  part  on  Manhattan  street  hereby  provided  for.  Sta- 
tions and  station  approaches  may  be  built  at  the  intersection 
"of  Broadway  and  Manhattan  street  and  also  at  the  terminus 
"of  the  addition  hereby  adopted  at  the  foot  of  West  One  Hun- 
"dred  and  Thirtieth  street  or  elsewhere,  upon  the  said  addi- 
tion, as  the  Board  of  Rapid  Transit  Railroad  Commissioners 
"may  decide. 

"In  all  other  respects  the  provisions  of  the  said  general 
"plan  of  construction  adopted  January  I4th  and  February  4th, 
"1897,  shall  be  applicable  to  the  portion  of  the  route  hereby 
"added." 

And  it  is  hereby  further  agreed,  that  the  said  con- 
tract be  and  the  same  shall  hereafter  be  deemed  to  be  so 
modified  as  that  the  portion  of  the  rapid  transit  railroad  added  by 
the  modification  aforesaid  of  the  Routes  and  General  Plan  shall 
in  all  respects,  except  as  herein  otherwise  expressly  provided,  be 
deemed  to  be  part  of  the  rapid  transit  railroad  originally  described 
in  the  said  contract  hereby  modified.  Provided,  however,  that  the 
frequency  of  train  service  upon  the  said  portion  of  the  rapid  transit 
railroad  so  added  by  the  said  modification  shall,  from  time  to  time, 
be  determined  by  the  Board,  Provided,  further,  however,  that  the 
frequency  of  such  service  shall  in  no  case  be  required  to  be  greater 
than  is  in  said  contract  provided  for  service  upon  the  remainder  of 
the  said  rapid  transit  railroad. 

277 


Ft.  Lee  Ferry  Connection 

And  it  is  hereby  further  agreed  that  the  reason- 
able value  of  constructing  that  portion  of  the  rapid  transit 
railroad  upon  the  said  additional  route  and  including'  all  of  the 
said  connections,  switches,  tracks,  stations  and  station  approaches, 
and  all  appurtenances  of  such  addition  to  the  said  rapid  transit 
railroad  shall  be  deemed  a  part  of  the  cost  of  constructing  said 
rapid  transit  railroad,  and  shall  be  ascertained  and  determined  and 
paid  to  the  Contractor  in  the  manner  provided  in  the  contract  for 
the  construction  and  operation  of  said  rapid  transit  railroad  in 
addition  to  the  amounts  in  said  contract  originally  agreed  to  be 
paid  unto  said  Contractor,  and  that  such  additional  amounts  so 
paid  shall  be  included  in  the  total  cost  of  the  construction  of  the 
said  railroad  in  determining  the  amount  of  rental  to  be  paid  under 
said  contract  in  like  manner  as  if  said  additional  route  had  been 
originally  authorized  therein ; 

Provided,  however,  and  it  is  expressly  AGREED,  That  this 
agreement  shall  take  effect  if  and  when  and  only  when  the 
following  consents  shall  have  been  duly  had,  to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway  Construc- 
tion Company,  The  United  States  Fidelity  and  Guaranty  Com- 
pany, The  City  Trust,  Safe  Deposit  and  Surety  Company  of  Phil- 
adelphia, American  Surety  Company  of  New  York,  National 
Surety  Company,  and  Perry  Belmont;  and 

Provided,  further,  however,  and  it  is  expressly  agreed 
that  this  agreement  shall  take  effect  if  and  when,  and  only  when, 
the  following  consents  shall  have  been  duly  given  to  the  said 
resolutions  adopted  by  the  Board  on  the  i6th  day  of  July,  1903,  a 
copy  of  which  is  hereto  annexed,  providing  for  the  said  addition  to 
said  Routes  and  General  Plan ;  the  consent  of  the  Board  of  Alder- 
ment  of  The  City  of  New  York ;  the  consent  of  the  Mayor  of  The 
City  of  New  York ;  and  the  consent  of  the  owners  of  a  majority 
in  value  of  the  property  along  such  streets  or  such  portions  of 
streets  as  are  included  in  the  portion  of  the  route  added  as  afore- 
said, or  if  such  last  mentioned  consent  cannot  be  obtained,  then  in 
lieu  thereof,  the  determination  of  three  commissioners  to  be  ap- 
pointed by  the  Appellate  Division  of  the  Supreme  Court  duly  con- 
firmed by  the  said  Appellate  Division. 

278 


Ft,  Lte  Ferry  Connection 

The  plan  hereto  annexed  entitled  "Board  of  Rapid  Transit 
Railroad  Commissioners  for  The  City  of  New  York;  Routes  and 
General  Plan  adopted  by  resolution  July  16,  1903,"  is  intended  to 
illustrate  and  show  in  general  the  addition  to  and  modification  of 
the  said  original  Routes  and  General  Plan  as  hereby  proposed. 

In  witness  whereof,  This  contract  has  been  executed 
for  The  City  of  New  York,  by  its  Board  of  Rapid  Transit  Rail- 
road Commissioners,  under  and  by  a  resolution  duly  adopted  by 
said  Board,  concurred  in  by  more  than  six  of  its  members,  and 
the  seal  of  the  said  Board  has  been  hereto  affixed  and  these 
presents  signed  by  the  President  and  Secretary  of  the  said  Board, 
and  the  said  John  B.  McDonald  has  hereto  set  his  hand  and  seal 
and  the  said  Interborough  Rapid  Transit  Company  has  caused  its 
corporate  seal  to  be  hereto  affixed  and  attested  by  its  secretary,  and 
these  presents  to  be  signed  by  its  president, — all  the  day  and  year 
first  above  written. 

BOARD  OF  RAPID  TRANSIT  R.   R.   COMMISSIONERS 
FOR  THE  CITY  OF  NEW  YORK, 

By  A.  E.  ORR, 

PRESIDENT. 
[SEAL.] 

BION  L.  BURROWS, 

SECRETARY. 

JOHN  B.  MCDONALD, 

[SEAL.] 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 

[SEAL.]  AUGUST  BELMONT, 

PRESIDENT. 
ATTEST  : 

H.  M.  FISHER, 

SEC.  pro  tern. 

STATE  OF  NEW  YORK,  ) 

ss  ' 
COUNTY  OF  NEW  YORK,( 

On  this  first  day  of  October,  1903,  at  The  City  of  New  York, 
in  said  County,  before  me  personally  appeared  Alexander  E.  Orr 
and  Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be,  the 
said  Alexander  E.  Orr,  the  President,  and  the  said  Bion  L. 

279 


Ft,  Lee  Ferry  Connection 

Burrows,  the  Secretary  of  the  Board  of  Rapid  Transit  Railroad 
Commissioners  for  The  City  of  New  York ;  and  the  said  Alex- 
ander E.  Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did 
depose  and  say,  each  for  himself  and  not  one  for  the  other,  the 
said  Alexander  E.  Orr,  that  he  resided  in  the  Borough  of  Brook- 
lyn, in  the  said  City,  that  he  was  the  President  of  the  said  Board, 
and  that  he  subscribed  his  name  to  the  foregoing  contract  by  virtue 
of  the  authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he 
resided  in  the  Borough  of  Brooklyn,  in  the  said  City  of  New 
York,  that  he  was  the  Secretary  of  the  said  Board,  and  that  he 
subscribed  his  name  thereto  by  like  authority ;  and  both  the  said 
Alexander  E.  Orr  and  Bion  L.  Burrows,  that  they  knew  the  seal 
of  the  said  Board  and  that  the  same  was  affixed  to  the  foregoing 
instrument  by  the  authority  of  the  said  Board  and  of  a  resolution 
duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

[NOTARIAL]  NOTARY  PUBLIC  for 

[     SEAL     ]  Kings  County,  N.  Y. 

Certificate  filed  in  New  York  County. 
STATE  OF  NEW  YORK.  1 

'    •sS    ' 

COUNTY  OF  NEW  YORK,J" 

On  this  23d  day  of  September,  1903,  before  me  personally 
appeared  John  B.  McDonald,  to  me  known,  and  known  to  me 
to  be  the  individual  described  in  and  who  executed  the  foregoing 
contract,  and  he  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS  (39), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL    ]  N.  Y.  Co. 

STATE  OF  NEW  YORK.  ) 

ss  ~ 
COUNTY  OF  NEW  YORK,J 

On  this  28th  day  of  September,  1903,  before  me  personally  ap- 
peared August  Belmont,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  County  of  Nas- 
sau, in  the  State  of  New  York ;  that  he  is  President  of  Interbor- 
ough  Rapid  Transit  Company,  the  corporation  described  in  and 
which  executed  the  foregoing  contract;  that  he  knew  the  cor- 
porate seal  of  said  company;  that  one  of  the  seals  affixed  to  said 

280 


Ft.  Lee  Ferry  Connection 

contract  was  such  corporate  seal;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  said  Company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 
[NOTARIAL]  NOTARY  PUBLIC, 

[      SEAL      ]  N.  Y.  CO. 

The  Undersigned,  being  the  sureties  of  John  B.  McDon- 
ald, the  Contractor  above  mentioned,  upon  the  continuing  bond  in 
the  penalty  of  One  million  dollars  ($1,000,000)  and  the  bond  for 
construction  and  equipment  in  the  penalty  of  Five  million  dollars 
($5,000,0000),  hereby  consent  to  the  making  of  the  foregoing 
instrument. 

Dated  New  York,  September  23rd,   1903. 

RAPID    TRANSIT    SUBWAY    CONSTRUCTION    COM- 
PANY, 

By   AUGUST   BELMONT, 
PRESIDENT. 

[SEAL.] 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 

DAVID  B.   SICKLES, 
VICE-PRESIDENT. 

HENRY  TOFTS, 

ASSISTANT  SECRETARY. 

[SEAL.] 
PERRY  BELMONT. 

[SEAL.] 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURETY  COM- 
PANY OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 

A.  T.  KIERNAN, 

VICE-PRESIDENT. 
P.  H.  MOONEY, 
ASST.  SECRETARY. 
[SEAL.] 

281 


Ft.  Lee  Ferry  Connection 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

PRESIDENT. 
ATTEST: 

BALLARD  McCALL, 
SECRETARY. 
[SEAL.] 

THE   UNITED    STATES    FIDELITY   AND    GUARANTY 
CO., 

JOHN   R.   BLAND, 

PRESIDENT. 
ATTEST  : 

RICHD.  D.  LANG, 
ASST.  SECRETARY. 
[SEAL.] 

STATE  OF  MARYLAND/) 
CITY    OF    BALTIMORE,  J^ss. : 
COUNTY  OF  ,J 

On  this  I4th  day  of  October,  A.  D.,  1903,  before  me  A.  D. 
Patrick  a  Notary  Public,  duly  appointed  for  and  residing  in  the 
City  of  Baltimore,  County  and  State  aforesaid,  personally  ap- 
peared John  R.  Bland,  to  me  known,  who,  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  President  of 
the  United  States  Fidelity  and  Guaranty  Company,  the  corpora- 
tion of  the  name  described  in  and  which  executed  the  foregoing 
consent ;  that  he  knew  the  corporate  seal  of  said  company ;  that 
one  of  the  seals  affixed  to  said  consent  was  such  corporate  seal ; 
that  it  was  so  affixed  thereto  by  order  of  the  Board  of  Directors 
of  said  Company,  and  that  he  signed  his  name  thereto  by  like 
authority. 

In  Witness  Whereof,  I  have  hereunto  set  my  hand  and  notarial 
seal  at  the  City  of  Baltimore,  and  State  of  Maryland,  the  day 
and  year  last  above  written. 

A.  D.   PATRICK, 

[NOTARIAL  SEAL.]  NOTARY  PUBLIC. 

STATE  OF  MARYLAND,) 

I  gg    ; 

CITY  OF   BALTIMORE,^ 

I,  Robt.  Ogle,  Clerk  of  the  Superior  Court,  do  hereby  certify 
that  A.  D.  Patrick  who  subscribed  the  annexed  certificate  of 

282 


Ft.  Lee  Ferry  Connection 

acknowledgment,  was  at  the  time  of  taking  the  same  a  Notary 
Public  in  and  for  the  City  of  Baltimore,  residing  in  said  City, 
and  duly  authorized  by  the  laws  of  said  State,  to  take  and  certify 
the  same,  as  well  as  to  take  and  certify  the  proof  and  acknowl- 
edgment of  deeds,  and  that  the  same  was  taken  and  certified  in 
all  respects  as  required  by  the  laws  of  said  State;  and  I  further 
certify  that  I  am  well  acquainted  with  the  handwriting  of  the 
said  A.  D.  Patrick  and  verily  believe  that  the  signature  attached 
to  the  annexed  certificate  is  his  genuine  signature. 

In  Witness  Whereof,  1  have  hereunto  set  my  hand  and  official 
seal  this  I4th  day  of  October,  1903. 

ROBT.  OGLE, 

CLERK  OF  THE  SUPERIOR 
[SEAL.]  COURT  OF  BALTIMORE  CITY. 

STATE  OF  NEW  YORK.  1 

(  ss  • 
COUNTY  OF  NEW  YORK,(  ' 

On  this  28th  day  of  September,  1903,  before  me  personally  ap- 
peared Perrv  Belmont,  to  me  known 'and  known  to  me  to  be  the 
individual  described  in  and  who  executed  the  foregoing  consent, 
and  he  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS  (39), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL     ]  N.  Y.  Co. 


jss.: 


On  this  28th  day  of  September,  1903,  before  me  personally- 
appeared  Sylvester  J.  O'Sullivan,  to  me  known,  who  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  was  the  Manager  of 
The  United  States  Fidelity  and  Guaranty  Company,  the  corpora- 
tion of  the  name  described  in  and  which  executed  the  foregoing 
consent ;  that  he  knew  the  'corporate  seal  of  said  company ;  that 
one  of  the  seals  affixed  to  said  consent  was  such  corporate  seal ; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors  'of 
such  company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. And  also  on  the  29th  day  of  September,  1903,  before  me 
personally  appeared  Adrian  T.  Kiernan,  to  me  known,  who  being 

283 


Ft.  Lee  Ferry  Connection 

by  me  first  duly  sworn,  did  depose  and  say  that  he  was  the  Vice- 
President:of  The  City  Trust,  Safe  Deposit  and  Surety  Company 
of  Philadelphia,  the  corporation  of  that  name  described  in  and 
which  executed  the  foregoing  consent ;  that  he  knew  the  corporate 
seal  of  said  company ;  that  one  of  the  seals  affixed  to  said  consent 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he  signed  his 
name  thereto  by  like  authority.  And  also,  on  the  28th  day  of  Sep- 
tember, 1903,  before  me  personally  appeared  David  B.  Sickles,  to 
me  known,  who  being  by  me  first  duly  sworn,  did  depose  and  say, 
that  he  was  the  Vice-President  of  American  Surety  Company  of 
New  York,  the  corporation  of  that  name  described  in  and  which 
executed  the  foregoing  consent;  that  he  knew  the  corporate  seal 
of  said  company ;  that  one  of  the  seals  affixed  to  said  consent  was 
such  corporate  seal;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  authority.  And  also,  on  the  29th  day  of  September, 
1903,  before  me  personally  appeared  Charles  A.  Dean,  to  me 
known,  who  being  by  me  first  duly  sworn,  did  depose  and  say  that 
he  was  the  President  of  National  Surety  Company  of  New  York, 
the  corporation  of  that  name  described  in  and  which  executed 
the  foregoing  consent;  that  he  knew  the  corporate  seal  of  said 
company ;  that  the  seal  affixed  to  said  consent  was  such  corporate 
seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  company^  and  that  he  signed  his  name  thereto  by  like 
authority.  And  also,  on  the  28th  day  of  September,  1903,  before 
me  personally  appeared  August  Belmont,  to  me  known,  who  being 
by  me  first  duly  sworn,  did  depose  and  say  that  he  was  the  Presi- 
dent of  Rapid  Transit '  Subway  Construction  Company,  the  cor- 
poration of  that  name  described  in  and  which  executed  the  fore- 
going consent ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  the  seal  affixed  to  said  consent  was  such  corporate  seal ;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL    ]  N.  Y.  Co. 


284 


Ft.  Lee  Ferry  Connection 

Approval  by  Corporation  Counsel. 
THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO  FORM. 

Dated,  New  York,  September  i8th,  1903. 

G.  L.  RIVES, 
CORPORATION  COUNSEL. 

Copy  Resolution  of  i6th  July,  1903. 

WHEREAS,  this  Board  did,  on  the  I4th  day  of  January,  1897, 
and  4th  day  of  February,  1897,  adopt  certain  Routes  and  General 
Plan  for  a  rapid  transit  railroad  in  the  City  of  New  York,  a  copy 
of  which  is  hereto  annexed  entitled  "Copy  Routes  and  General 
Plan" ;  and 

\Y  1 1  ERE  AS,  the  said  Routes  and  General  Plan  were  afterward 
duly  approved  by  the  municipal  authorities  of  The  City  of  New 
York,  and  were  duly  consented  to  by  commissioners  appointed  by 
the  Appellate  Division  of  the  Supreme  Court,  which  consent  was 
duly  confirmed  by  the  said  Appellate  Division,  in  lieu  of  the  con- 
sent of  the  owners  of  a  majority  in  value  of  the  property  along 
said  routes ;  and 

WHEREAS,  thereafter,  and  on  or  about  the  2ist  day  of  Feb- 
ruary, 1900,  The  City  of  New  York  did  by  this  Board  enter  into 
a  certain  contract  with  John  B.  McDonald  for  the  construction 
and  operation  of  the  said  rapid  transit  railroad ;  and 

WHEREAS,  By  written  instrument  bearing  date  the  loth  day  of 
July.  1902,  the  said  John  B.  McDonald  with  the  written  consent  of 
this  Board  concurred  in  by  six  members  thereof  duly  assigned  the 
right  or  obligation  to  maintain  and  operate  the  said  rapid  transit 
railroad  for  the  term  of  years  specified  in  the  said  contract  and  all 
rights  included  in  the  leasing  provisions  of  the  said  contract  to- 
gether with  the  obligation  to  provide  equipment  for  the  said  rail- 
road, unto  Interborough  Rapid  Transit  Company,  which  Company 
also  guaranteed  the  performance  by  the  said  John  B.  McDonald 
as  such  contractor,  of  the  provisions  of  his  said  contract  not  so 
assigned  to  it;  and 

\VIIEREAS,  it  is  the  interest  of  The  City  of  New  York,  and,  in 
the  opinion  of  the  said  John  B.  McDonald,  it  is  likewise  in  his 
interest  as  such  contractor,  and  he  desires  that  said  Routes  and 
General  Plan  shall  be  changed  in  the  respect  hereinafter  men- 
tioned, but  without  other  change  in  the  said  Routes  and  General 
Plan ;  now  therefore  it  is 

285 


Ft,  Lee  Ferry  Connection 

RESOLVED,  That,  subject  to  the  consents  and  approvals  to  be 
hrst  obtained  as  in  these  resolutions  hereinafter  mentioned,  the 
said  Routes  and  General  Plan  heretofore  adopted  by  this  Board 
be,  and  they  hereby  are  modified  by  -adding  to  the  said  routes  the 
following",  to  wit, — 

"And  also  a  branch  or  spur  extending  from  the  line  of  the 
route  aforesaid  on  Broadway  (formerly  the  Boulevard),  at  a  point 
about  one  hundred  (100)  feet  northerly  from  the  north  line  of 
One  Hundred  and  Twenty-fifth  street ;  and  thence  extending 
northerly  along  and  over  Broadway  (being  in  addition  to  the 
tracks  hereinbefore  originally  provided  along  such  portion  of 
Broadway)  to  Manhattan  street;  thence  westerly  along  and 'over 
Manhattan  street  and  under  the  Manhattan  viaduct  and  over  and 
across  the  tracks  of  the  New  York  Central  and  Hudson  River 
Railroad,  West  One  Hundred  and  Thirtieth  street  and  the  exterior 
or  bulkhead  street  to  the  ferry  house  at  the  foot  of  West  One 
Hundred  and  Thirtieth  street,  together  with  proper  connections  by 
necessary  and  suitable  switches,  tracks  and  otherwise,  with  the 
rapid  transit  railroad  originally  described  in  said  Routes  and  Gen- 
eral Plan,  at  and  north  of  One  Hundred  and  Twenty-fifth  street, 
arid  also  including  proper  connections  by  stairways  and  otherwise 
with  the  said  ferry  house. 

"The  general  plan  of  construction  of  the  portion  of  the  route 
hereby  added  shall  be  by  elevated  structure  of  the  same  character 
and  to  be  constructed  in  the  same  manner  as  is  hereinbefore  pro- 
vided for  the  elevated  portion  of  the  rapid  transit  railroad  over 
and  along  Broadway  (the  Boulevard)  at  One  Hundred  and 
Twenty-fifth  street.  There  shall  be  at  least  two  parallel  tracks 
with  the  right  at  any  time  to  add  a  third  track  in  the  discretion  of 
the  Board  of  Rapid  Transit  Railroad  Commissioners.  The  said 
connections,  switches  and  tracks  shall  be  so  constructed  as  to 
make  convenient  the  running  of  trains  without  change  between  the 
portions  of  the  said  rapid  transit  railroad  over  and  along  Broad- 
way (the  Boulevard)  south  of  One  Hundred  and  Twenty-fifth 
street  and  the  part  on  Manhattan  street  hereby  provided  for.  Sta- 
tions and  station  approaches  may  be  built  at  the  intersection  of 
Broadway  and  Manhattan  street,  and  also  at  the  terminus  of  the 
addition  hereby  adopted  at  the  foot  of  West  One  Hundred  and 
Thirtieth  street  or  elsewhere  upon  the  said  addition  as  the  Board 
cf  Rapid  Transit  Railroad  Commissioners  may  decide." 


I't.  Lee  Ferry  Connection 

In  all  other  respects  the  provisions  of  the  said  general  plan  of 
construction  adopted  January  i4th  and  February  4th,  1897,  shall 
be  applicable  to  the  portion  of  the  route  hereby  added;  and  it  is 
further 

RESOLVED  that,  Whereas  this  Board  'has  duly  made  the  in- 
quiries and  investigation  necessary  or  proper  in  the  premises,  and 
has  determined  that  the  modification  aforesaid  of  the  said  Routes 
and  General  Plan  are  necessary  for  the  interests  of  the  public  and 
of  The  City  of  New  York  and  should  be  established  as  herein 
provided,  this  Board  does  hereby  determine  and  establish  the  said 
Routes  and  General  Plan  as  hereby  modified,  subject  to  the  con- 
sents and  approvals  to  be  first  obtained  as  hereinafter  mentioned ; 
and  it  is  further 

RESOLVED,  That  the  said  modifications  of  Routes  and  General 
Plans  shall  take  effect  only  upon  and  after  the  following  consents 
and  approvals  thereto  shall  be  duly  had,  to  wit : 

1.  The  consent  of  the  Board  of  Aldermen  of  The  City  of  New 
York. 

2.  The  consent  of  the  Mayor  of  The  City  of  New  York. 

3.  The  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along  streets  or  such  portions  of  streets  as  are  included 
in  the  portion  of  the  routes  added  as  aforesaid ;  or,  if  such  consents 
cannot  be  obtained,  then,  in  lieu  thereof,  the  determination  of  three 
commissioners  to  be  appointed  by  the  Appellate  Division  of  the 
Supreme  Court,  duly  confirmed  by  the  said  Appellate  Division. 

4:  The  consent  of  the  said  John  B.  McDonald,  and  of  his 
sureties,  as  follows :  Rapid  Transit  Subway  Construction  Com- 
pany; The  United  States  Fidelity  and  Guaranty  Company;  The 
City  Trust,  Safe  Deposit  and  Surety  Company  of  Philadelphia; 
American  Surety  Company  of  New  York ;  National  Surety  Com- 
pany and  Perry  Belmont,  and  also  of  Interborough  Rapid  Transit 
Company. 

It  is  further  RESOLVED,  That  this  Board  hereby  adopts  the 
drawing  now  produced  and  entitled  "Board  of  Rapid  Transit  Rail- 
road Commissioners  for  The  City  of  New  York :  Routes  and  Gen- 
eral Plan  adopted  by  Resolution,  July  16,  1903,"  as  showing  in 
general  the  additions  to  and  modifications  of  the  original  Routes 
and  General  Plan  hereby  adopted. 

[Drawing  annexed  to  Original  Agreements.] 

287 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN    B.    McDONALD,    Contractor 


AND 


AGREEMENT 

Modifying    Contract    for  Construction   and    Operation 
of    Rapid    Transit    Railroad 

WESTCHESTER    AVENUE 


Dated,    July    16th,    1903 


Connection  With  Manhattan  Road 

Agreement  made  this  i6th  day  of  July,  in  the  year  Nine- 
teen hundred  and  three,  between  THE  CITY  OF  NEW  YORK  (here- 
inafter called  the  City),  acting-  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  the  City  of  New  York  (hereinafter 
called  the  Board),  party  of  the  first  part,  and  JOHN  B.  McDoN- 
ALD,  of  The  City  of  New  York  (hereinafter  called  the  Con- 
tractor), and  Interborough  Rapid  Transit  Company,  parties  of  the 
second  part,  WITNESSETH  : 

WHEREAS,  Heretofore  and  on  the  i4th  day  of  January,  1897, 
and  the  4th  day  of  February,  1897,  the  Board  adopted  certain 
Routes  and  General  Plan  for  a  rapid  transit  railroad  in  the  City  of 
New  York,  a  portion  of  which  in  the  Borough  of  the  Bronx  ex- 
tends from  under  the  Harlem  River  under  private  property  to  East 
One  Hundred  and  Forty-ninth  street  at  or  near  its  intersection 
with  River  avenue;  thence  under  East  One  Hundred  and  Forty- 
ninth  street  to  a  point  near  its  intersection  with  Third  avenue ; 
thence  with  a  curve  to  the  left  and  under  Third  avenue  to  a  point 
near  its  intersection  with  Westchester  avenue ;  thence  with  a  curve 
to  the  right  to  and  under  Westchester  avenue;  and  thence  by 
viaduct  over  and  along  Westchester  avenue  to  the  Southern  Boule- 
vard and  thence  further  to  the  north  on  the  easterly  branch  of  the 
said  rapid  transit  railroad;  and 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of  Febru- 
ary, 1900,  the  City,  acting  by  the  Board,  entered  into  a  contract 
with  the  Contractor  for  the  construction  and  operation  of  the  said 
Rapid  Transit  Railroad  in  the  City  of  New  York  and  otherwise, 
as  therein  mentioned,  the  said  contract  being  hereinafter  styled 
the  Contract  for  Construction  and  Operation ;  and 

WHEREAS,  The  Contractor  has  deposited  with  the  Comptroller 
of  the  City  certain  security  for  the  performance  of  the  said  Con- 
tract for  Construction  and  Operation  on  his  part  and  has  given 
certain  bonds  as  further  security  lor  such  performance  and  upon 
such  bonds  there  are  sureties  as  follows:  Rapid  Transit  Sub- 
way Construction  Company,  The  United  States  Fidelity  &  Guar- 
anty Company,  The  City  Trust  Safe  Deposit  &  Surety  Company 
of  Philadelphia,  American  Surety  Company  of  New  York,  Na-' 
tional  Surety  Company  and  Perry  Belmont ;  and 

WHEREAS,  By  written  instrument  bearing  date  the  tenth  day  of 
July,  1902,  the  Contractor,  with  the  written  consent  of  the  Board, 
concurred  in  by  six  members  thereof,  duly  assigned  the  right  or 

291 


Connection  With  Manhattan  Road 

obligation  to  maintain  and  operate  the  said  Rapid  Transit  Rail- 
road for  the  term  of  years  specified  in  the  said  contract  and  all 
rights  included  in  the  leasing  provisions  of  the  said  contract,  to- 
gether with  the  obligation  to  provide  equipment  for  the  said  rail- 
road, unto  Interborough  Rapid  Transit  Company,  which  Com- 
pany also  guaranteed  the  performance  by  the  Contractor  of  the 
provisions  of  his  said  contract  not  so  assigned  to  it ;  and 

WHEREAS,  It  is  in  said  Contract  for  Construction  and  Opera- 
tion provided  that  the  said  Board  of  Rapid  Transit  Railroad  Com- 
missioners shall  have  the  right  to  require  additional  work  to  be 
done  or  additional  materials  to  be  furnished  or  both,  within  the 
general  purview  of  a  rapid  transit  railroad  as  therein  described, 
the  reasonable  value  of  which  should  be  additionally  paid  to  the 
Contractor;  and 

WHEREAS,  The  Contractor  desires,  and  the  Board  approves,  a 
modification  of  the  Routes  and  General  Plan  for  the  Rapid  Transit 
Railroad  referred  to  in  the  said  Contract  for  Construction  and 
Operation  as  set  forth  in  certain  resolutions  adopted  by  the  Board 
on  the  i6th  day  of  July,  1903,  a  copy  of  which  is  hereto  annexed, 
in  order  to  provide  for  an  addition  to  the  said  Routes  and  Gen- 
eral Plan,  as  in  said  resolutions  and  herein  described, — 

Now,  therefore,  in  consideration  of  the  premises,  but 
subject  to  the  consent  hereinafter  provided,  it  is  agreed  that 
the  said  Contract  for  Construction  and  Operation  and  the  Routes 
and  General  Plan  therein  contained  be,  and  the  same  are  hereby 
modified  by  adding  to  the  said  Routes  and  General  Plan  the  words 
following,  to  wit: 

"And  also  a  branch  or  spur  extending  from  the  line  of  the 
"route  aforesaid  on  Westchester  avenue  at  a  point  at  or  near 
"the  intersection  of  St.  Ann's  avenue  and  Westchester  ave- 
"nue  and  extending  westerly  along  Westchester  avenue  (be- 
"ing  in  addition  to  the  tracks  hereinbefore  originally  pro- 
"vided  over  and  along  such  portion  of  Westchester  avenue) 
"to  near  Third  avenue  and  from  Westchester  avenue  turning 
"southerly  into  Third  avenue  to  a  point  convenient  for  con- 
fection with  the  railroad  of  the  Manhattan  Railway  Com- 
"pany  over  Third  avenue,  together  with  proper  connections 
"by  necessary  and  suitable  switches,  tracks  and  otherwise, 
"with  the  rapid  transit  railroad  aforesaid  at  or  near  the  inter- 

292 


Connection  With  Manhattan  Road 

"section  of  St.  Ann's  avenue  and  Westchester  avenue  afore- 
"said,  and  also  together  with  proper  connections  by  necessary 
"and  suitable  switches,  tracks  and  otherwise  "with  the  said  rail- 
"road  of  the  Manhattan  Railway  Company  upon  Third  ave- 
"nue. 

"The  general  plan  of  construction  of  the  route  hereby  added 
"shall  be  by  elevated  structure  of  the  same  character  and  to  be 
"constructed  in  the  same  manner  as  is  hereinbefore  provided 
"for  the  elevated  portion  of  the  rapid  transit  railroad  over  and 
"along  Westchester  avenue.  There  shall  be  at  least  two 
"parallel  tracks  with  the  right  at  any  time  to  add  a  third  track 
"in  the  discretion  of  the  Board  of  Rapid  Transit  Railroad 
"Commissioners.  The  said  connections,  switches  and  tracks 
"shall  be  so  constructed  as  not  to  interfere  with  the  conve- 
"nience  of  running  trains  without  change  between  the  portion 
"of  the  said  rapid  transit  railroad  over  and  along  Westches- 
"ter  avenue  and  east  of  St.  Ann's  avenue  and  the  portion  of 
"the  said  rapid  transit  railroad  running  from  St.  Ann's  ave- 
"nue  westerly  along  Westchester  avenue  and  turning  thence 
"southwesterly  towards  and  into  East  One  Hundred  and 
"Forty-ninth  street,  and  as  to  make  convenient  the  running  of 
"trains  without  change  between  such  portion  of  the  said 
"rapid  transit  railroad  lying  east  of  St.  Ann's  avenue  and  the 
"said  elevated  railroad  of  the  Manhattan  Railway  Company. 

"In  all  other  respects  the  provisions  of  the  said  general  plan 
"of  construction  adopted  January  I4th  and  February  4th, 
"1897,  shall  be  applicable  to  the  portion  of  the  route  hereby 
"added." 

And  it  is  hereby  further  agreed  that  the  said  con- 
tract be  and  the  same  shall  hereafter  be  deemed  to  be  so  modified 
as  that  the  portion  of  the  rapid  transit  railroad  added  by  the 
modification  aforesaid  of  the  Routes  and  General  Plan  shall  in  all 
respects,  except  as  herein  otherwise  expressly  provided,  be  deemed 
to  be  part  of  the  rapid  transit  railroad  originally  described  in  the 
said  contract  hereby  modified,  Provided,  however,  that  the  fre- 
quency of  train  service  upon  the  said  portion  of  the  rapid  transit 
railroad  so  added  by  the  said  modification  shall,  from  time  to  time, 
be  determined  by  the  Board,  Provided,  further,  however,  that  the 
frequency  of  such  service  shall  in  no  case  be  required  to  be 

293 


Connection   \Vith  Manhattan  Road 

greater  than  is  in  said  contract  provided  for  service  upon  the  re- 
mainder of  the  said  rapid  transit  railroad. 

And  it  is  hereby  further  agreed  that  the  reasonable 
value  of  constructing  that  portion  of  the  rapid  transit  rail- 
road upon  the  said  additional  route  and  including  all  of  the  said 
connections,  switches,  tracks  and  all  appurtenances  of  such  addi- 
tion to  the  said  rapid  transit  railroad  shall  be  deemed  a  part  of 
the  cost  of  constructing  said  rapid  transit  railroad,  and  shall  be 
ascertained  and  determined  and  paid  to  the  Contractor  in  the  man- 
ner provided  in  the  contract  for  the  construction  and  operation 
of  said  rapid  transit  railroad  in  addition  to  the  amounts  in  said 
contract  originally  agreed  to  be  paid  unto  said  Contractor,  and 
that  such  additional  amounts  so  paid,  together  with  all  sums 
which  the  City  shall  be  required  to  pay  for  right  of  way  or  any 
other  easements  or  rights  necessary  to  be  purchased,  condemned  or 
otherwise  acquired  for  the  construction  or  operation  of  the  said 
portion  of  railroad  added  by  the  modification  aforesaid,  shall  be 
included  in  the  total  cost  of  the  construction  of  the  said  railroad  in 
determining  the  amount  of  rental  to  be  paid  under  said  contract  in 
like  manner  as  if  said  additional  route  had  been  originally  author- 
ized therein,, 

Provided,  however,  and  it  is  expressly  Agreed  That  this 
agreement  shall  take  effect  if  and  when  and  only  when  the  follow- 
i.ne  consents  shall  have  been  duly  had,  to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway  Construc- 
tion Company,  The  United  States  Fidelity  &  Guaranty  Company, 
The  City  Trust,  Safe  Deposit  &  Surety  Company  of  Philadelphia. 
American  Surety  Company  of  New  York.  National  Surety  Com- 
pany, and  Perry  Belmont;  and 

Provided,  further,  however,  and  it  is  expressly  agreed, 
that  this  agreement  shall  take  effect  if  and  \vhen,  and  only  when, 
in  addition  to  the  consents  aforesaid,  there  shall  be  duly  executed 
and  delivered  in  form  satisfactory  to  the  Board  an  agreement  un- 
der seal  between  the  City,  the  said  John  B.  McDonald,  the  said 
Interborough  Rapid  Transit  Company  and  the  Manhattan  Rail- 
way Company  providing  and  assuring  that,  during  the  period  of 
the  lease  contained  in  the  said  contract  between  the  City  and  John 

294 


Connection  With  Manhattan  Road 

B.  McDonald  made  on  or  about  the  2ist  day  of  February,  1900, 
and  every  renewal  or  extension  thereof,  any  passenger  upon  the 
said  rapid  transit  railroad  traveling  along  Westchester  avenue 
from  the  north  as  far  as  St.  Ann's  avenue,  shall  have  the  right  as 
part  of  the  same  trip  and  without  additional  fare,  to  be  carried 
thence  upon  the  portions  of  the  rapid  transit  railroad  hereby  added 
to  the  railroad  of  the  Manhattan  Railway  Company  along  Third 
avenue,  and  thence  southerly  upon  the  railroad  of  the  Manhattan 
Railway  Company  to  any  point  upon  the  said  railroad  south  of 
the  intersection  of  the  said  Third  avenue  and  Westchester  avenue, 
and  that  any  passenger  upon  the  said  railroad  of  the  Manhattan 
Railway  Company  traveling  northerly  along  said  Third  avenue 
as  far  as  Westchester  avenue,  shall  have  the  right,  as  part  of  the 
same  trip  and  without  additional  fare,  to  be  carried  easterly  upon 
the  portion  of  the  rapid  transit  railroad  hereby  added  along  West- 
Chester  avenue  to  St.  Ann's  avenue,  and  thence  continuing  easter- 
ly or  northerly  to  any  point  upon  the  eastern  branch  of  the  rapid 
transit  railroad  as  described  in  the  said  Routes  and  General  Plan ; 
and 

Provided,  further,  however,  and  it  is  expressly  agreed, 
that  this  agreement  shall  take  effect  if  and  when,  and  only  when, 
the  following  consents  shall  have  been  duly  given  to  the  said 
resolutions  adopted  by  the  Board  on  the  i6th  day  of  July,  1903, 
a  copy  of  which  is  hereto  annexed,  providing  for  the  said  addition 
to  said  Routes  and  General  Plan;  the  consent  of  the  Board  of 
Aldermen  of  the  City  of  New  York ;  the  consent  of  the  Mayor  of 
the  City  of  New  York ;  and  the  consent  of  the  owners  of  a  majority 
in  value  of  the  property  along  such  streets  or  such  portions  of 
streets  as  are  included  in  the  portion  of  the  route  added  as  afore- 
said, or  if  such  last  mentioned  consent  cannot  be  obtained,  then  in 
lieu  thereof,  the  determination  of  three  commissioners  to  be  ap- 
pointed by  the  Appellate  Division  of  the  Supreme  Court  duly 
confirmed  by  the  said  Appellate  Division. 

The  plan  hereto  annexed  entitled  "Board  of  Rapid  Transit  Rail- 
road Commissioners  for  the  City  of  New  York ;  Routes  and  Gen- 
eral Plan  adopted  by  resolution  July  16,  1903,"  is  intended  to  il- 
lustrate and  show  in  general  the  addition  to  and  modification  of 
the  said  original  Routes  and  General  Plan  as  hereby  proposed. 


295 


Connection  With  Manhattan  Road 

In  Witness  whereof  This  contract  has  been  executed 
for  the  City  of  New  York,  by  its  Board  of  Rapid  Transit 
Railroad  Commissioners,  under  and  by  a  resolution  duly  adopted 
by  said  Board,  concurred  in  by  more  than  six  of  its  members,  and 
the  seal  of  the  said  Board  has  been  hereto  affixed  and  these  pres- 
ents signed  by  the  President  and  Secretary  of  the  said  Board,  and 
the  said  John  B.  McDonald  has  hereto  set  his  hand  and  seal  and 
the  said  Interborough  Rapid  Transit  Company  has  caused  its 
corporate  seal  to  be  hereto  affixed  and  attested  by  its  secretary,  and 
these  presents  to  be  signed  by  its  president, — all  the  day  and  year 
first  above  written. 

BOARD  OF  RAPID  TRANSIT  R.  R.  COMMISSIONERS 
FOR  THE  CITY  OF  NEW  YORK, 

By  A.  E.  ORR, 

PRESIDENT. 
BION  L.  BURROWS, 

SECRETARY. 
[SEAL.] 

JOHN  B.  MCDONALD, 

[SEAL.] 
INTERBOROUGH  RAPID  TRANSIT  CO. 

AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 
ATTEST  : 

H.  M.  FISHER, 

SEC.  pro  tern. 


STATE  OF  NEW  YORK. 

l   gc 

COUNTY  OF  NEW 


On  this  first  day  of  October,  1903,  at  the  City  of  New  York,  in 
said  County,  before  me  personally  appeared  Alexander  E.  Orr  and 
Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be,  the  said 
Alexander  E.  Orr,  the  president,  and  the  said  Bion  L.  Burrows, 
the  secretary  of  the  Board  of  Rapid  Transit  Railroad  Commis- 
sioners for  the  City  of  New  York ;  and  the  said  Alexander  E.  Orr 
and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose  and 
say,  each  for  himself  and  not  one  for  the  other,  the  said  Alexander 
E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the  said 

296 


Connection  With  Manhattan  Road 

City,  that  he  was  the  president  of  the  said  Board,  and  that  he  sub- 
scribed his  name  to  the  foregoing  contract  by  virtue  of  the  author- 
ity thereof;  and  the  said  Bion  L.  Burrows,  that  he  resided  in  the 
Borough  of  Brooklyn,  in  the  said  City  of  New  York,  that  he  was 
the  secretary  of  the  said  Board,  and  that  he  subscribed  his  name 
thereto  by  like  authority ;  and  both  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows  that  they  knew  the  seal  of  the  said  Board  and 
that  the  same  was  affixed  to  the  foregoing  instrument  by  the  au- 
thority of  the  said  Board  and  of  a  resolution  duly  adopted  by  the 
s.i  me. 

H.  A.  D.  HOLLMANN, 

[NOTARIAL]  NOTARY  PUBLIC  FOR 

[     SEAL.     ]  Kings  County,  N.  Y. 

Certificate  filed  in  New  York  County. 
STATE  OF  NEW  YORK,  1 

(.  gc    • 

COUNTY  OF  NEW  YORK,J     '_'  , 

On  this  23d  day  of  September,  1903,  before  me  personally  ap- 
peared John  B.  McDonald,  to  me  known  and  known  to  me  to  be 
the  individual  described  in  and  who  executed  the  foregoing  con- 
tract, and  he  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS  (39), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 

STATE  OF  NEW  YORK,  j 
COUNTY  OF  NEW  YORK/ 

j 

On  this  28th  day  of  September,  1903,  before  me  personally  ap- 
peared August  Belmont,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  County  of  Nas- 
sau, in  the  State  of  New  York ;  that  he  is  President  of  Interbor- 
ough  Rapid  Transit  Company,  the  corporation  described  in  and 
which  executed  the  foregoing  contract;  that  he  knew  the  cor- 
porate seal  of  said  Company ;  that  one  of  the  seals  affixed  to  said 
contract  was  such  corporate  seal ;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  said  Company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL    ]  N.  Y.  Co. 

297 


Connection  With  Manhattan  Road 

The  Undersigned,  being  the  sureties  of  John  B.  Ale- 
Donald,  the  Contractor  above  mentioned,  upon  the  continuing 
bond  in  the  penalty  of  One  million  dollars  ($1,000,000)  and 
the  bond  for  construction  and  equipment  in  the  penalty  of 
Five  million  dollars  ($5,000,000)  hereby  consent  to  the  making 
of  the  foregoing  instrument. 

Dated  New  York,  September  23rd,  1903. 

RAPID  TRANSIT  SUBWAY 
CONSTRUCTION  CO., 

By  AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

AMERICAN  SURETY  COMPANY 
OF  NEW  YORK, 

DAVID  B.  SICKLES, 

VICE-PRESIDENT. 

HENRY  TAFTS, 
ASSISTANT  SECRETARY. 
[SEAL.] 

THE  UNITED  STATES  FIDELITY 
AND  GUARANTY  COMPANY, 

By  SYLVESTER  J.  O'SULLIVAN, 

MANAGER. 
ATTEST  : 

G.  TERRY  SINCLAIR, 

ATTORNEY  IN  FACT. 
[SEAL.] 
PERRY  BELMONT. 

[SEAL.] 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND 

SURETY  COMPANY  OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 

A.  T.  KIERNAN, 

VICE-PRESIDENT. 

P.  H.  MOONEY, 

ASST.  SECRETARY. 
[SEAL.] 


Connection  With  Manhattan  Road 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN,   PRESIDENT. 
ATTEST  : 

BALLARD  McCALL, 

SECRETARY. 
[SEAL.] 

THE   UNITED    STATES    FIDELITY   AND    GUARANTY 
COMPANY, 

JOHN  R.  BLAND, 

PRESIDENT. 
ATTEST  : 

RICHD.  D.  LANG, 
ASST.  SECRETARY. 
[SEAL.] 

STATE  OF  MARYLAND/! 
CITY  OF  BALTIMORE,  [•  ss. : 
COUNTY  OF  J 

On  this  I4th  day  of  October,  A.  D.  1903,  before  me,  A.  D. 
Patrick  a  Notary  Public,  duly  appointed  for  and  residing  in  the 
City  of  Baltimore,  County  and  State  aforesaid,  personally  ap- 
peared John  R.  Bland,  to  me  known,  who,  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  President  of  the  United 
States  Fidelity  and  Guaranty  Company,  the  corporation  of  the 
name  described  in.  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
so  affixed  thereto  by  order  of  the  Board  of  Directors  of  said  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  no- 
tarial seal  at  the  City  of  Baltimore  and  State  of  Maryland  the  day 
and  year  last  above  written. 

[NOTARIAL] 

[     SEAL.    ]  A.  D.  PATRICK,   NOTARY  PUBLIC. 

STATE  OF  MARYLAND.) 

'  (  35   • 

CITY  OF  BALTIMORE,  \ 

I,  Robt.  Ogle,  Clerk  of  the  Superior  Court,  do  hereby  certify 
that  A.  D.  Patrick,  who  subscribed  the  annexed  certificate  of  ac- 
knowledgment was  at  the  time  of  taking  the  same  a  Notary  Public 
in  and  for  the  City  of  Baltimore,  residing  in  said  city,  and  duly 


Connection    With  Manhattan  Road 

authorized  by  the  laws  of  said  State  to  take  and  certify  the  same, 
as  well  as  to  take  and  certify  the  proof  and  acknowledgment  of 
deeds,  and  that  the  same  is  taken  and  certified  in  all  respects  as 
required  by  the  laws  of  said  State  ;  and  I  further  certify  that  I 
am  well  acquainted  with  the  handwriting  of  the  said  A.  D.  Pat- 
rick, and  verily  believe  that  the  signature  attached  to  the  annexed 
certificate  is  his  genuine  signature. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  official 
seal  this  i4th  day  of  October,  1903. 

[SEAT,]  ROBT.  OGLE, 

CLERK  OF  THE  SUPERIOR  COURT  OF  BALTIMORE  CITY. 

STATE  OF  NJEW  YORK,  ) 

ss  ' 
COUNTY  OF  NEW  YORK,} 

On  this  28th  day  of  September,  1903,  before  me  personally 
appeared  Perry  Belmont,  to  me  known  and  known  to  me  to 
be  the  individual  described  in  and  who  executed  the  fore- 
going consent,  and  he  acknowledged  to  me  that  he  executed 
the  same. 

A.  W.  ANDREWS  (39), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

SS   * 

COUNTY  OF  NEW 


On  the  28th  day  of  September,  1903,  before  me  personally 
appeared  Sylvester  J.  O'Sullivan,  to  me  known,  who  being 
by  me  first  duly  sworn,  did  depose  and  say  that  he  was  the 
Manager  of  the  United  States  Fidelity  &  Guaranty  Company,  the 
corporation  of  that  name  described  in  and  which  executed  the 
foregoing  consent  ;  that  he  knew  the  corporate  seal  of  said 
company  ;  that  one  of  the  seals  affixed  to  said  consent  was 
such  corporate  seal  ;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  authority.  And  also  on  the  29th 
day  of  September,  1903,  before  me  personally  appeared  Adrian 
T.  Kiernan,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say  that  he  was  the  Vice-President  of  The 
City  Trust  Safe  Deposit  and  Surety  Company  of  Philadelphia. 
the  corporation  of  that  name  described  in  and  which  executed 
the  foregoing  consent  ;  that  he  knew  the  corporate  seal  of  said 
company;  that  one  of  the  seals  affixed  to  said  consent  was 

300 


Connection  With  Manhattan  Road 

such  corporate  seal;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  said  company,  and  that  he  signed 
his  name  thereto  by  like  authority.  And  also,  on  the  28th  day 
of  September,  1903,  before  me  personally  appeared  David  B. 
Sickles,  to  me  known,  who  being  by  me  first  duly  sworn,  did 
depose  and  say  that  he  was  th'e  Vice-President  of  American 
Surety  Company  of  New  York,  the  corporation  of  that  name 
described  in  and  which  executed  the  foregoing  consent;  that 
he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. And  also,  on  the  29th  day  of  September,  1903,  be- 
fore me  personally  appeared  Charles  A.  Dean,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  President  of  National  Surety  Company  of  New  York, 
the  corporation  of  that  name  described  in  and  which  executed 
the  foregoing  consent ;  that  he  knew  the  corporate  seal  of 
said  company ;  that  one  of  the  seals  affixed  to  said  consent 
was  such  corporate  seal;  that  it  was  affixed  thereto  by  order 
of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also  on  the 
28th  day  of  September,  1903,  before  me  personally  appeared 
August  Belmont,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  President  of  Rapid 
Transit  Subway  Construction  Company,  the  corporation  of 
that  name  described  in  and  which  executed  the  foregoing  con- 
sent;  that  he  knew  the  corporate  seal  of  said  company;  that 
one  of  the  seals  affixed  to  said  consent  was  such  corporate 
seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  company,  and  that  he  signed  his  name  there- 
to by  like  authority. 

A.  W.  ANDREWS  (39), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO  FORM. 
Dated  New  York,  September  i8th,  1903. 

G.  L.  RIVES, 

CORPORATION  COUNSEL. 
301 


Connection  With  Manhattan  Road 

Copy  Resolution  of  i6th  July,  1903. 

WHEREAS,  This  Board  did,  on  the  I4th  day  of  January,  1897, 
and  4th  day  of  February,  1897,  adopt  certain  Routes  and  General 
Plan  for  a  rapid  transit  railroad  in  the  City  of  New  York,  a  copy 
of  which  is  hereto  annexed  entitled  "Copy  Routes  and  General 
Plan" ;  and 

WHEREAS,  The  said  Routes  and  General  Plan  were  afterward 
duly  approved  by  the  municipal  authorities  of  the  City  of  New 
York,  and  were  duly  consented  to  by  commissioners  appointed  by 
the  Appellate  Division  of  the  Supreme  Court,  which  consent  was 
duly  confirmed  by  the  said  Appellate  Division,  in  lieu  of  the  con- 
sent of  the  owners  of  a  majority  in  value  of  the  property  along 
said  routes;  and 

WHEREAS,  thereafter,  and  on  or  about  the  2ist  day  of  Feb- 
ruary, 1900,  the  City  of  New  York  did  by  this  Board  enter  into  a 
certain  contract  with  John  B.  McDonald  for  the  construction  and 
operation  of  the  said  rapid  transit  railroad;  and 

WHEREAS,  by  written  instrument  bearing  date  the  loth  day  of 
July,  1902,  the  said  John  B.  McDonald,  with  the  written  consent 
of  this  Board,  concurred  in  by  six  members  thereof,  duly  assigned 
the  right  or  obligation  to  maintain  and  operate  the  said  rapid 
transit  railroad  for  the  term  of  years  specified  in  the  said  contract 
and  all  rights  included  in  the  leasing  provisions  of  the  said  con- 
tract, together  with  the  obligation  to  provide  equipment  for  the 
said  railroad,  unto  Interborough  Rapid  Transit  Company,  which 
company  also  guaranteed  the  performance  by  the  said  John  B. 
McDonald  as  such  contractor,  of  the  provisions  of  his  said  con- 
tract not  so  assigned  to  it ;  and 

WHEREAS,  it  is  the  interest  of  the  City  of  New  York,  and,  in 
the  opinion  of  the  said  John  B.  McDonald,  it  is  likewise  in  his  in- 
terest as  such  contractor,  and  he  desires  that  said  Routes  and  Gen- 
eral Plan  shall  be  changed  in  the  respect  hereinafter  mentioned, 
but  without  other  change  in  the  said  Routes  and  General  Plan ; 
now  therefore  it  is 

RESOLVED,  That,  subject  to  the  consents  and  approvals  to  be 
first  obtained  as  in  these  resolutions  hereinafter  mentioned,  the 
said  Routes  and  General  Plan  heretofore  adopted  by  this  Board 
be,  and  they  hereby  are,  modified  by  adding  to  the  said  routes  the 
following,  to  wit, — 

302 


Connection   With  Manhattan  Road 

And  also  a  branch  or  spur  extending  from  the  line  of  the  route 
aforesaid  on  Westchester  avenue  at  a  point  at  or  near  the  inter- 
section of  St.  Ann's  avenue  and  Westchester  avenue  and  extend- 
ing westerly  along  Westchester  avenue  (being  in  addition  to  the 
tracks  hereinbefore  originally  provided  over  and  along  such  por- 
tion of  Westchester  avenue)  to  near  Third  avenue  and  from 
Westchester  avenue  turning  southerly  into  Third  avenue  to  a 
point  convenient  for  connection  with  the  railroad  of  the  Manhat- 
tan Railway  Company  over  Third  avenue  together  with  proper 
connections  by  necessary  and  suitable  switches,  tracks  and  other- 
wise, with  the  rapid  transit  railroad  aforesaid  at  or  near  the  in- 
tersection of  St.  Ann's  avenue  and  Westchester  avenue  aforesaid, 
and  also  together  with  proper  connections  by  necessary  and  suit- 
able switches,  tracks  and  otherwise  with  the  said  railroad  of  the 
Manhattan  Railway  Company  upon  Third  avenue. 

The  general  plan  of  construction  of  the  portion  of  the  route 
hereby  added  shall  be  by  elevated  structure  of  the  same  character 
and  to  be  constructed  in  the  same  manner  as  is  hereinbefore  pro- 
vided for  the  elevated  portion  of  the  rapid  transit  railroad  over 
and  along  Westchester  avenue.  There  shall  be  at  least  two  parallel 
.tracks  with  the  right  at  any  time  to  add  a  third  track  in  the  dis- 
cretion of  the  Board  of  Rapid  Transit  Railroad  Commissioners. 
The  said  connections,  switches  and  tracks  shall  be  so  constructed 
as  not  to  interfere  with  the  convenience  of  running  of  trains  with- 
out change  between  the  portion  of  the  said  rapid  transit  railroad 
over  and  along  Westchester  avenue  and  east  of  St.  Ann's  avenue 
and  the  portion  of  the  said  rapid  transit  railroad  running  from 
St.  Ann's  avenue  westerly  along  Westchester  avenue  and  turning 
thence  southwesterly  towards  and  into  East  One  Hundred  and 
Forty-ninth  street,  and  as  to  make  convenient  the  running  of  trains 
without  change  between  such  portion  of  the  said  rapid  transit 
railroad  lying  east  of  St.  Ann's  avenue  and  the  said  elevated  rail- 
road of  the  Manhattan  Railway  Company. 

In  all  other  respects  the  provisions  of  the  said  general  plan  of 
construction  adopted  January  i4th  and  February  4th,  1897,  shall 
be  applicable  to  the  portion  of  the  route  hereby  added;  and  it  is 
further 

RESOLVED  that,  Wrhereas  this  Board  has  duly  made  the  in- 
quiries and  investigation  necessary  or  proper  in  the  premises,  and 
has  determined  that  the  modification  aforesaid  of  the  said  Routes 


303 


Connection  With  Manhattan  Road 

and  General  Plan  are  necessary  for  the  interests  of  the  public  and 
of  the  City  of  New  York  and  should  be  established  as  herein  pro- 
vided, this  Board  does  hereby  determine  and  establish  the  said 
Routes  and  General  Plan  as  hereby  modified,  subject  to  the  con- 
sents and  approvals  to  be  first  obtained  as  hereinafter  mentioned ; 
and  it  is  further 

RESOLVED,  That  the  said  modifications  of  Routes  and  General 
Plans  shall  take  effect  only  upon  and  after  the  following  consents 
and  approvals  thereto  shall  be  duly  had,  to-wit: 

1.  The  consent  of  the  Board  of  Aldermen  of  The  City  of  New 
York. 

2.  The  consent  of  the  Mayor  of  The  City  of  New  York. 

3.  The  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along  streets  or  such  portions  of  streets  as  are  included 
in  the  portion  of  the  routes  added  as  aforesaid ;  or,  if  such  con- 
sents cannot  be  obtained,  then,  in  lieu  thereof,  the  determination 
of  three  commissioners  to  be  appointed  by  the  Appellate  Division 
of  the  Supreme  Court,  duly  confirmed  by  the  said  Appellate  Di- 
vision. 

4.  The  consent  of  the  said  John  B.  McDonald,  contractor,  and 
of  his  sureties,  as  follows :  Rapid  Transit  Subway  Construction 
Company;  The  United  States  Fidelity  and  Guaranty  Company; 
The  City  Trust,  Safe  Deposit  and  Surety  Company  of  Philadel- 
phia ;  American  Surety  Company  of  New  York ;  National  Surety 
Company  and  Perry  Belmont. 

It  is  further  Resolved,  that  this  Board  hereby  adopts  the  draw- 
ing now  produced  and  entitled  "Board  of  Rapid  Transit  Railroad 
Commissioners  for  the  City  of  New  York,  Routes  and  General 
Plan  adopted  by  resolution,  July  16,  1903,"  as  showing  in  general 
the  additions  to  and  modifications  of  the  original  Routes  and  Gen- 
eral Plan  hereby  adopted,  numbered  one  as  showing  the  modifica- 
tions or  extension  hereby  adopted. 

[Drawing  attached  to  original  agreements.] 


304 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN    B.    McDONALD,    Contractor 


AND 


INTERBOROUGH   RAPID    TRANSIT  COMPANY 


AGREEMENT 

Modifying    Contract    for  Construction   and    Operation 
of    Rapid    Transit    Railroad 

CONTINUING    BOND 


Dated,    November    24th,    1903 


Continuing  Bond 

Agreement  made  this  24th  day  of  November,  in  the  year 
Nineteen  hundred  and  three,  between  THE  CITY  OF  NEW  YORK 
(hereinafter  called  the  City),  acting  by  the  Board  of  Rapid  Tran- 
sit Railroad  Commissioners  for  the  City  of  New  York  (herein- 
after called  the  Board),  party  of  the  first  part,  and  JOHN  B.  MC- 
DONALD, of  The  City  of  New  York  (hereinafter  called  the  Con- 
tractor), and  INTERBOROUGH  RAPID  TRANSIT  COMPANY  (herein- 
after called  the  Interborough  Company),  parties  of  the  second 
part,  WITNESSETH  : 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of  Feb- 
ruary, 1900,  the  City,  acting  by  the  Board,  entered  into  a  contract 
with  the  Contractor  for  the  construction  and  operation  of  the 
Rapid  Transit  Railroad  in  the  City  of  New  York  and  otherwise, 
as  therein  mentioned,  the  said  contract  being  hereinafter  styled 
the  Contract  for  Construction  and  Operation;  and 

WHEREAS,  On  or  about  the  2ist  day  of  February,  1900,  and  im- 
mediately after  the  execution  of  the  Contract  for  Construction  and 
Operation,  the  City,  acting  by  the  Board,  entered  into  a  contract 
with  the  Contractor  modifying  the  said  Contract  for  Construction 
and  Operation,  the  said  modifying  contract  being  hereinafter 
styled  the  Agreement  for  Modification  of  Contract;  and 

WHEREAS,  Upon  entering  into  said  Contract  for  Construction 
and  Operation  and  said  Agreement  for  Modification  of  Contract, 
the  Contractor  gave  a  bond  to  the  City  for  the  performance  of  the 
said  Contract  for  Construction  and  Operation,  with  Perry  Bel- 
mont  as  surety  thereon,  known  as  the  Continuing  Bond,  and 
caused  to  be  deposited  with  the  City  as  collateral  security  therefor 
certain  securities  of  the  value  of  more  than  One  million  dollars 
($1,000,000)  ;  and 

WHEREAS,  The  Contractor,  upon  entering  into  said  Contract  and 
the  said  Agreement,  deposited  with  the  Comptroller  of  the  City 
certain  other  security  for  the  performance  of  the  said  Contract 
for  Construction  and  Operation,  on  his  part,  and  gave  a  certain 
other  bond  as  further  security  for  such  performance,  and  upon 
such  bond  there  are  sureties  as  follows :  Rapid  Transit  Subway 
Construction  Company,  The  United  States  Fidelity  &  Guaranty 
Company,  The  City  Trust,  Safe  Deposit  &  Surety  Company 
of  Philadelphia,  American  Surety  Company  of  New  York,  and 
National  Surety  Company;  and 

307 


Continuing  Bond 

WHEREAS,  By  written  instrument  bearing-  date  the  tenth  day 
of  July,  1902,  the  Contractor,  with  the  written  consent  of  the 
Board,  concurred  in  by  six  members  thereof,  duly  assigned 
the  right  or  obligation  to  maintain  and  operate  the  said  Rapid 
Transit  Railroad  for  the  term  of  years  specified  in  the  said 
contract  and  all  rights  included  in  the  leasing  provisions  of 
the  said  contract,  together  with  the  obligation  to  provide 
equipment  for  the  said  railroad,  unto  Interborough  Rapid 
Transit  Company,  which  Company  also  guaranteed  the  per- 
formance by  the  Contractor  of  the  provisions  of  his  said  con- 
tract not  so  assigned  to  it;  and 

WHEREAS,  The  Contractor  and  Perry  Belmont,  the  surety 
upon  said  Continuing  Bond,  desire,  and  the  Board  approves, 
a  modification  of  the  said  Contract  ;for  Construction  and 
Operation ; 

Now,  therefore,  in  consideration  of  the  premises,  but 
subject  to  the  consents  hereinafter  provided,  it  is  agreed 
that  the  said  Contract  for  Construction  and  Operation,  and 
the  said  Agreement  for  Modification  of  Contract,  be,  and  the 
same  hereby  are,  modified  so  as  to  provide  that  upon  the 
receipt  by  the  City,  acting  by  the  Board,  from  the  Contractor 
and  the  Interborough  Company  of  the  bond  or  deposit  of 
cash  or  securities  as  hereinafter  mentioned,  it  may  consent  to 
the  surrender  and  cancellation  of  the  said  Continuing  Bond 
originally  given  as  aforesaid,  with  Perry  Belmont  as  surety 
thereon,  and  also  to  the  surrender  to  the  Contractor  and  to 
the  Interborough  Company  of  securities  amounting  in  value 
to  at  least  One  million  dollars  ($1,000,000)  deposited  as  afore- 
said,— Provided,  however,  and  it  is  expressly  agreed  that  this 
agreement  shall  take  effect  when,  and  only  when  the  Con- 
tractor and  the  Interborough  Company  shall  give  to  the  City 
in  lieu  of  the  said  Continuing  Bond  so  to  be  cancelled  a  bond 
in  amount  at  least  One  million  dollars  ($1,000,000),  upon 
which  the  said  Contractor  and  the  Interborough  Company 
shall  be  principals,  with  sureties  approved  by  the  Board.  Said 
bond  shall  be  a  continuing  security  and  shall  provide  for  the 
prompt  payment  by  the  said  Contractor  or  the  said  Inter- 
borough Company  of  the  amount  of  the  annual  rental  specified 
in  the  Contract  for  Construction  and  Operation  and  also  for 

308 


Continuing  Bond 

the  faithful  performance  by  said  Contractor  and  Interborough 
Company  of  all  the  conditions,  covenants  and  requirements 
specified  and  provided  for  in  said  contract.  The  said  bond 
shall,  except  as  to  names  of  the  sureties,  be  substantially  in 
the  form  hereto  annexed  entitled  "Form  of  Bond.''  In  lieu 
of  said  bond  the  said  Contractor  or  the  Interborough  Company 
may,  upon  the  approval  of  the  Board,  deposit  with  the  Comp- 
troller of  the  City  cash  equal  in  amount  to  the  entire  amount 
of  the  said  bond  or  securities  which  are  lawful  for  the  in- 
vestment of  the  funds  of  savings  banks  within  this  State  and 
are  worth  not  less  than  the  entire  amount  of  said  bond. 

And  it  is  further  agreed,  that  the  said  Contract  for 
Construction  and  Operation  and  the  said  Agreement  for  Modi- 
fication of  Contract  be  and  the  same  hereby  are  modified  so 
as  to  provide  that  the  Board  may,  in  case  any  of  the  sureties 
upon  the  said  bond  so  to  be  given  or  upon  any  bond  to  be 
given  in  lieu  thereof  as  hereinafter  provided  shall  become  in- 
solvent or  unable  in  the  opinion  of  the  Board  promptly  to  pay 
the  amount  of  such  bond  to  the  extent  of  which  such  surety 
might  be  liable,  then  the  Contractor  or  the  said  Interborough 
Company  within  thirty  days  after  notice  by  the  Board  to  the 
Contractor  or  said  Interborough  Company  shall,  by  supple- 
mental -bond  or  otherwise,  substitute  another  and  sufficient 
surety  in  place  of  the  surety  so  insolvent  or  unable.  If  the 
Contractor  or  said  Interborough  Company  shall  fail  within 
such  thirty  days  or  such  further  time  as  the  Board  may  grant 
to  so  substitute  another  and  sufficient  surety,  then  the  Con- 
tractor or  the  Interborough  Company  shall  be  deemed  for  all 
the  purposes  of  the  Contract  for  Construction  and  Operation 
and  its  modifications  to  be  in  default  in  the  performance  of 
his  or  its  obligations  thereunder  and  the  Board  may  terminate 
the  said  Contract  or  may  bring  any  proper  suit  or  proceeding 
against  the  Contractor  or  the  said  Interborough  Company  or 
any  of  their  sureties  or  either  of  them  or  may  require  to  be 
deducted  from  any  moneys  then  in  or  thereafter  coming  into 
the  hands  of  the  City  and  due  to  the  Contractor  or  the  said 
Interborough  Company  the  amount  for  which  the  surety  in- 
solvent or  unable  as  aforesaid  shall  have  justified  on  said 
bond ;  and  the  moneys  so  deducted  shall  be  held  by  the  Comp- 

309 


Continuing  Bond 

troller  as  collateral  security  for  the  performance  of  the  con- 
ditions of  the  said  bond. 

And  it  is  further  agreed,  that  the  said  Contract  for 
Construction  and  Operation  and  the  said  Agreement  for  Modi- 
fication of  Contract  be  and  they  hereby  are  modified  so  as 
to  provide  that  the  Board  may,  at  the  request  of  the  Con- 
tractor or  the  Interborough  Company  and  as  allowed  by  law, 
substitute  for  any  continuing  bond  or  deposit  given  or  made 
by  the  Contractor  or  the  Interborough  Company  another  bond 
or  deposit  to  be  approved  by  the  Board,  which  said  bond  or 
deposit  shall  continue  in  lieu  of  said  former  bond  or  deposit, 
PROVIDED,  HOWEVER,  AND  IT  is  EXPRESSLY  AGREED  that  this  agree- 
ment shall  take  effect  when,  and  only  when,  the  following 
consents  hereto  shall  be  duly  had,  to  wit :  The  consents,  as 
subjoined,  of  Rapid  Transit  Subway  Construction  Company, 
The  United  States  Fidelity  &  Guaranty  Company,  The  City 
Trust  Safe  Deposit  &  Surety  Company  of  Philadelphia. 
American  Surety  Company  of  New  York,  National  Surety 
Company  and  Perry  Belmont. 

In  Witness  whereof,  This  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid  Transit  Rail- 
road Commissioners,  under  and  by  resolution  duly  adopted 
by  said  Board,  concurred  in  by  more  than  six  of  its  members, 
and  the  seal  of  the  said  Board  has  been  hereto  affixed  and 
these  presents  signed  by  the  President  and  Secretary  of  the 
said  Board,  and  the  said  John  B.  McDonald  has  hereto  set 
his  hand  and  sfeal,  and  the  said  Interb'orough  Rapid  Transit 
Company  has  caused  its  corporate  seal  to  be  hereto  affixed 
and  attested  by  its  Secretary  and  these  presents  to  be  signed 
by  its  President,  all  the  day  and  year  first  above  written. 

JOHN  B.  MCDONALD, 

[SEAL.] 
INTERBOROUGH  RAPID  TRANSIT  CO., 

AUGUST  BELMONT, 
PRESIDENT. 
[SEAL.] 
ATTEST  : 

JOHN  T.  BUCK, 
TREAS. 


310 


Continuing  Bond 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSION- 
ERS FOR  THE  CITY  OF  NEW  YORK, 

By  A.  E.  ORR, 
PRESIDENT. 
[SEAL.] 
BION  L.  BURROWS. 

Approval  by  Comptroller. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED. 
Dated,  New  York,  December  31,  1903. 

EDWARD  M.  GROUT, 
COMPTROLLER. 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO  FORM. 
Dated,  New  York,  December  7th,  1903. 

G.  L.  RIVES, 
CORPORATION  COUNSEL. 

STATE  OF  NEW  YORK, 


ss  * 
COUNTY  OF  NEW  YORK/ 

On  this  7th  day  of  January,  1904,  at  the  City  of  New  York,  in 
said  County,  before  me  personally  appeared  Alexander  E.  Orr 
and  Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be,  the 
said  Alexander  E.  Orr,  the  president,  and  the  said  Bion  L.  Bur- 
rows, the  secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  New  York ;  and  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the 
said  City,  that  he  was  the  president  of  the  said  Board,  and  that 
he  subscribed  his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof ;  and  the  said  Bion  L.  Burrows,  that  he  resided 
in  the  Borough  of  Brooklyn,  in  the  said  City  of  New  York,  that 
he  was  the  secretary  of  the  said  Board,  and  that  he  subscribed  his 
name  thereto  by  like  authority ;  and  both  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows  that  they  knew  the  seal  of  the  said 
Board  and  that  the  same  was  affixed  to  the  foregoing  instrument 

3" 


Continuing  Bond 

by  the  authority  of  the  said  Board  and  of  a  resolution  duly  adopted 
by  the  same. 

[SEAL.]  H.  A.  D.  HOLLMANN, 

NOTARY  PUBLIC  FOR  KINGS  COUNTY,  N.  Y. 

Certificate  filed  New  York  County. 


STATE  OF  NEW  YORK,  ) 

'  ss  * 
COUNTY  OF  NEW  YORK.J 

On  this  I4th  day  of  December,  1903,  before  me  personally  ap- 
peared John  B.  McDonald,  to  me  known  and  known  to  me  to  be 
the  person  and  Contractor  named  in  and  who  executed  the  fore- 
going contract,  and  acknowledged  to  me  that  he  executed  the 
same. 

A.  W.  ANDREWS  (39), 

[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 

STATL  OF  NEW  YORK,  1 

>  ss  ' 
COUNTY  OF  NEW  YORK.J 

On  this  I4th  day  of  December,  1903,  before  me  personally  ap- 
peared August  Belmont,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  County  of  Nas- 
sau, in  the  State  of  New  York,  that  he  is  President  of  Interbor- 
ough  Rapid  Transit  Company,  the  corporation  described  in  and 
which  executed  the  foregoing  contract ;  that  he  knew  the  cor- 
porate seal  of  said  Company ;  that  one  of  the  seals  affixed  to  said 
contract  was  such  corporate  seal ;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  said  Company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 


The  Undersigned,   being  the   sureties   of  John    B.    McDon 
rid,  the  Contractor  above  mentioned,  upon  the  continuing  bond  in 
the  penalty  of  One  million  dollars  ($1,000,000)  and  the  bond  for 

312 


Continuing  Bond 

construction  and  equipment  in  the  penalty  of  Five  million  dollars 
($5,000,000)  hereby  consent  to  the  making  of  the  foregoing  in- 
strument. 

Dated  New  York,  December  I4th,  1903. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  CO., 

By  AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

THE  UNITED  STATES   FIDELITY  & 
GUARANTY  COMPANY, 

By  JOHN  R.  BLAND, 
PRESIDENT. 
[SEAL.] 
ATTEST  : 

GEO.  R.  CALLIS, 
SECRETARY. 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 

By  WALTER  S.  JOHNSON, 

VICE-PRESIDENT. 
[SEAL.] 

R.  R.  BROWN, 
ASST.  SECRETARY. 
«  [SEAL.] 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

PRESIDENT. 
[SEAL.] 
ATTEST  : 

BALLARD  McCALL, 

SECRETARY. 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURETY 
COMPANY  OF  PHILADELPHIA, 

1 60  Broadway,  N.  Y. 

A.  T.  KIERNAN, 
VICE-PRESIDENT. 
[SEAL.] 

P.  H.  MOONEY, 
ASST.  SECRETARY. 


313 


Continuing  Bond 

STATE  OF  NEW  YORK.  ) 

*-  ss  ° 
COUNTY  OF  NEW  YORK.  ^ 

On  this  22d  day  of  December,  1903,  before  me  personally  ap- 
peared Perry  Belmont,  to  me  known  and  known  to  me  to  be  the 
individual  described  in  and  who  executed  the  foregoing  consent, 
and  he  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS, 

[SEAL.]  NOTARY  PUBLIC   (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK. 

On  the  i6th  day  of  December,  1903,  before  me  personally  ap- 
peared John  R.  Bland,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  President  of  the  United 
States  Fidelity  &  Guaranty  Company,  one  of  the  corporations  de- 
scribed in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals  af- 
fixed to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority.  And  also  on 
the  29th  day  of  December,  1903,  before  me  personally  appeared 
Adrian  T.  Kiernan,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  Vice-President  of  The 
City  Trust,  Safe  Deposit  and  Surety  Company  vof  Philadelphia, 
one  of  the  corporations  described  in  and  which  executed  the  fore- 
going consent ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  one  of  the  seals  affixed  to  said  consent  was  such  corporate 
seal ;  that  it  was  affixed  thereto  by  order  <3f  the  Board  of  Direc- 
tors of  such  company,  and  that  he  signed  his  name  thereto  by  like 
authority.  And  also,  on  the  I9th  day  of  December,  1903,  before 
me  personally  appeared  Walter  S.  Johnston,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he  was  the 
Vice-President  of  the  American  Surety  Company  of  New  York, 
one  of  the  corporations  described  in  and  which  executed  the  fore- 
going consent;  that  he  knew  the  corporate  seal  of  said  company; 
that  one  of  the  seals  affixed  to  said  consent  was  such  corporate 
seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. And  also,  on  the  23rd  day  of  December,  1903,  before  me 


Continuing  Bond 

personally  appeared  Charles  A.  Dean,  to  me  known,  who  being 
by  me  first  duly  sworn,  did  depose  and  say  that  he  was  the  Presi- 
dent of  National  Surety  Company  of  New  York,  one  of  the  cor- 
porations described  in  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority.  And 
also  on  the  I4th  day  of  December,  1903,  before  me  personally  ap- 
peared August  Belmont,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  President  of  Rapid 
Transit  Subway  Construction  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals  af- 
fixed to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 
Form  of  Bond. 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  JOHN  B.  MCDON- 
ALD and  INTERBOROUGH  RAPID  TRANSIT  COMPANY  [hereinafter 
called  Interborough  Company]  (the  said  John  B.  McDonald  and 
Interborough  Company  being  hereinafter  called  the  Principals) 
and  the  FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND  and 
UNITED  STATES  FIDELITY  AND  GUARANTY  COMPANY,  both  cor- 
porations of  the  State  of  Maryland,  carrying  on  business  in  the 
State  of  New  York,  and  having  their  respective  offices  and  usual 
places  of  business  at  No.  35  Wall  Street,  and  66  Liberty  Street, 
in  the  City  of  New  York  [hereinafter  called  the  Sureties],  are 
held  and  firmly  bound  unto  the  CITY  OF  NEW  YORK  [hereinafter 
called  the  City]  in  the  penal  sum  of  One  Million  Dollars  ($1,000,- 
ooo),  lawful  money  of  the  United  States  of  America,  to  be  paid 
to  the  City,  for  which  payment  well  and  truly  to  be  made  the  said 
John  B.  McDonald  binds  himself,  his  executors,  administrators 
and  assigns  and  Interborough  Company  binds  itself  and  its  suc- 
cessors, and  the  said  Sureties  bind  themselves,  their  successors 
and  assigns,  jointly  and  severally,  firmly  by  these  presents,  as 
follows : 


315 


Continuing  Bond 

The  said  Principals  to  be  so  held  and  bound  in  the  full  amount 
of  the  said  One  million  dollars  ($1,000,000),  and  each  of  the  said 
Sureties  to  be  so  held  and  bound,  and  bound  only  in  the  sum  of 

Five  hundred  thousand  dollars  ($500,000). 

• 

IN  WITNESS  WHEREOF,  John  B.  McDonald  has  hereto  set  his 
hand  and  seal  and  Interborough  Company  and  the  Sureties  have 
caused  these  presents  to  be  duly  executed  by  their  respective  offi- 
cers thereunto  duly  authorized  and  their  respective  corporate  seals 
to  be  hereunto  affixed  this  day  of  November,  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  three  (1903). 

WHEREAS,  The  City,  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners  (hereinafter  called  the  Board)  heretofore  entered 
into  a  contract  with  John  B.  McDonald,  bearing  date  the  2ist  day 
of  February,  1900,  for  the  construction  and  equipment,  and  after 
such  construction  and  equipment  shall  be  complete,  then  for  the 
lease  and  operation  of  the  Rapid  Transit  Railroad  in  the  City  of 
New  York,  particularly  described  in  said  contract,  which  contract 
was  thereafter  modified  by  certain  amendatory  and  supplemental 
agreements ;  and 

WHEREAS,  upon  entering  into  such  contract  the  said  John  B. 
McDonald  gave  a  bond  to  the  City,  with  Perry  Belmont  as  Surety 
thereon,  known  as  the  Continuing  Bond,  and  deposited  with  the 
City  as  collateral  security  therefor  certain  securities  of  the  value 
of  more  than  One  million  dollars  ($1,000,000)  ;  and 

WHEREAS,  On  the  loth  day  of  July,  1902,  the  said  John  B. 
McDonald  duly  assigned  to  Interborough  Company  so  much  of 
said  contract  as  provided  for  the  maintenance  and  operation  of 
the  said  Rapid  Transit  Railroad  (including  the  equipment  there- 
of) together  with  the  right  or  obligation  to  maintain  and  operate 
the  said  road  or  roads  in  the  Rapid  Transit  Contract  described 
for  and  during  the  remainder  of  the  term  of  years  specified  in 
such  contract,  and  all  rights  with  respect  to  such  maintenance  and 
operation  or  included  in  the  leasing  provisions  of  such  contract, 
subject  to  all  the  terms  and  conditions  therein  stated,  together  with 
all  obligations  assumed  by  said  McDonald  in  and  by  the  said 
Rapid  Transit  Contract  with  respect  to  the  equipment  of  said 
Railroad ;  and 

WHEREAS,  By  such  assignment  Interborough  Company  assumed 
all  the  obligations  whatsoever  of  the  said  McDonald  in  respect  of 
the  portions  of  the  contract  affected  by  said  assignment  and  agreed 

316 


Continuing  Bond 

to  carry  out  and  perform  the  same  and  also  covenanted  with  the 
said  City  that  the  said  McDonald  should  fully  perform  all  the 
obligations  and  comply  with  all  the  provisions  and  terms  of  the 
said  contract  which  were  not  assigned  to  and  assumed  by  Inter- 
borough  Company,  as  above  set  forth;  and 

WHEREAS,  The  said  contract  has  been  modified  in  writing  from' 
time  to  time  in  other  respects  with  the  consent  of  both  of  the  par- 
ties thereto  and  of  the  Surety  upon  said  Continuing  Bond  by  the 
amendatory  and  supplemental  agreements  above  referred  to ;  and 

WHEREAS,  The  said  contract  has  been  especially  and  by  agree- 
ment between  the  City,  acting  by  the  Board  and  the  said  John  B. 
McDonald  and  Interborough  Rapid  Transit  Company  with  the 
consent  of  Perry  Belmont,  dated  the  24th  day  of  November,  1903, 
modified  so  as  to  provide  that  the  City  by  the  Board  may  consent 
to  the  surrender  and  cancellation  of  the  said  bond  originally  given 
as  aforesaid  with 'Perry  Belmont  as  surety  thereon,  and  may  also 
surrender  to  the  Contractor  and  the  Interborough  Company  the 
securities,  amounting  in  value  to  at  least  One  million  dollars 
($1,000,000),  deposited  as  aforesaid  (but  such  surrender  to  be 
made  with  the  written  consent  of  the  Rapid  Transit  Subway  Con- 
struction Company,  which  originally  made  the  deposit  as  afore- 
said) and  to  accept  this  bond  in  lieu  of  such  original  bond 'and 
of  such  securities ;  and 

WHEREAS,  The  sureties  on  such  Continuing  Bond  have  re- 
quested the  City  by  this  Board  to  surrender  such  original  bond 
and  securities;  and 

WHEREAS,  The  City,  by  the  Board,  has  accordingly  consented 
to  so  surrender  the  said  bond  and  securities  amounting  in  value  to 
at  least  One  million  dollars  ($1,000,000)  deposited  as  aforesaid, 
and  to  accept  this  bond  in  lieu  of  said  bond  and  securities ;  and 

WHEREAS,  Such  consent  has  been  given,  and  such  surrender  of 
securities  will  be  made  upon  and  only  upon  the  faith  and  security 
of  this  bond ; 

Now,  THEREFORE,  the  condition  of  this  obligation  is  such  that 
if  John  B.  McDonald  and  Interborough  Company  shall  promptly 
pay  the  amount  of  the  annual  rental  specified  in  said  contract  and 
shall  also  faithfully  perform  all  the  conditions,  covenants  and  re- 
quirements therein  and  in  any  modifications  thereof,  specified  and 
provided,  and  in  case  of  default  on  the  part  of  Interborough  Com- 


Continuing  Bond 

pany  or  on  the  part  of  the  said  John  B.  McDonald,  as  provided  in 
Section  34  of  the  Rapid  Transit  Act,  Interborough  Company  or 
said  McDonald  shall  pay  the  amount  of  the  deficiency  therein  men- 
tioned, then  this  obligation  shall  be  null  and  void,  but  else  it  shall 
remain  in  full  force  and  virtue. 

•  IT  is  EXPRESSLY  AGREED  between  the  City  and  the  Sureties  and 
it  is  upon  such  agreement  that  the  City  accepts  this  bond,  that  the 
Sureties  will  and  do  waive  any  and  every  notice  of  default  on  the 
part  of  Interborough  Company  or  of  said  McDonald;  that  they 
will  and  do  permit  the  City  to  extend  the  time  of  Interborough 
Company  or  of  said  McDonald  to  make  any  payment  or  do  any 
act;  that  no  omission  on  the  part  of  the  City  to  give  any  notice 
or  extension  of  time  granted  by  or  on  behalf  of  the  City  shall  be 
availed  of  by  the  Sureties  as  a  defense  upon  this  bond;  that  the 
Sureties  shall  not  set  up  or  have  any  defense  upon  this  bond  by 
reason  of  any  alteration  of  the  said  contract,  unless  such  altera- 
tion shall  be  represented  by  formal  written  instrument,  duly  ex- 
ecuted, between  the  City  and  Interborough  Company  or  said  Mc- 
Donald, as  the  case  may  be,  which  shall  have  been  duly  author- 
ized by  a  vote  of  the  Board,  and  that  in  case  of  such  alteration, 
however  made,  the  same  shall  be  a  defense  to  the  Sureties  only 
to  the  extent  of  the  actual  injury  or  damage  caused  to  the  Sure- 
ties by  said  alteration. 

IT  is  EXPRESSLY  AGREED  between  the  City  and  the  Sureties  that 
that  the  Sureties  hereby  assume  all  the  obligations  prescribed  for 
sureties  upon  bonds  like  this  by  Chapter  4  of  the  Laws  of  1891 
and  the  various  acts  amendatory  thereof  (all  such  acts  together 
being  known  as  the  "Rapid  Transit  Act"). 

This  bond  shall  be  a  continuing  security  to  The  City  of  New 
^ork  for  the  entire  term  of  fifty  (50)  years  after  the  complete 
construction  and  equipment  of  the  Rapid  Transit  Railroad,  as 
prescribed  in  the  said  contract  and  the  several  modifications  there- 
of, and  the  declaration  of  the  Board  that  the  said  Railroad  and  its 
equipment  are  so  complete. 

AND  WHEREAS,  The  said  John  B.  McDonald  deposited  with 
the  City  the  sum  of  One  million  dollars  ($1,000,000)  in  cash  or 
securities  approved  by  the  Board  as  security  for  the  performance 
by  the  said  McDonald  of  some  of  the  acts  and  things,  the  per- 
formance of  "which  is  secured  hereby ;  and 

3T8 


Continuing  Bond 

WHEREAS,  contemporaneously  with  the  delivery  and  execution 
of  the  Rapid  Transit  Contract  above  referred  to,  the  said  John  B. 
McDonald  also  delivered  to  the  City  a  bond  in  the  sum  of  Five 
million  dollars  ($5,000,000)  as  further  security  for  the  perform- 
ance by  him  of  some  of  the  acts  and  things,  the  performance 
of  which  is  secured  hereby ; 

Now,  THEREFORE,  it  is  further  expressly  agreed  between  the 
City  and  the  Sureties  that  the  City  shall  be  at  liberty,  in  case  of 
any  default  by  the  said  John  B.  McDonald,  or  by  the  Interborough 
Rapid  Transit  Company,  against  whom  this  bond  is  given  as  se- 
curity, to  collect  the  loss  or  damage  to  the  City  caused  thereby 
cither  from  the  Sureties  on  this  bond  or  the  sureties  on  such  other 
bond  or  bonds,  or  out  of  the  said  deposit,  or  out  of  all  such  secur- 
ities as  the  City  may  elect. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 

By 

ATTEST  : 

UNITED   STATES   FIDELITY  AND   GUARANTY   COM- 
PANY, 

By 

ATTEST  : 

FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND, 

By 

ATTEST  : 


319 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN    B.    McDONALD,  Contractor 


AND 


INTERBOROUGH   RAPID   TRANSIT    COMPANY 


AGREEMENT 

Modifying    Contract    for  Construction   and    Operation 
of    Rapid    Transit    Railroad 

THIRD  TRACK  NORTH  OF  FORT  GEORGE 


Dated,    March    24th,    1904 


Third   Track   North   of  Fort   George 

Agreement  made  this  twenty-fourth  day  of  March, 
in  the  year  nineteen  hundred  and  four,  between  The  City  of  New- 
York  (hereinafter  called  the  "City")  acting  by  the  Board  of 
Rapid  Transit  Railroad  Commissioners  for  The  City  of  New 
York  (hereinafter  called  "the  Board"),  party  of  the  first  part, 
and  John  11  McDonald  of  The  City  of  New  York  (hereinafter 
called  "the  Contractor"),  party  of  the  second  part,  and  Inter- 
borough  Rapid  Transit  Company  (a  corporation  organized  and 
existing  under  the  laws  of  the  State  of  New  York — hereinafter 
called  "Interborough  Company"),  party  of  the  third  part,  wit- 
nesseth : — 

WHEREAS  heretofore  and  on  or  about  the  2ist  day  of  February, 
1900,  the  City,  acting  by  the  Board,  entered  into  a  contract  with 
the  Contractor  for  the  construction  and  operation  of  a  Rapid 
Transit  Railroad  in  The  City  of  New  York  and  otherwise,  as 
therein  mentioned,  the  said  contract  being  hereinafter  styled  the 
Contract  for  Construction  and  Operation,  which  contract  was  on 
said  day  modified  in  certain  respects  by  a  further  agreement  be- 
tween the  said  parties  bearing  the  same  date;  and  which  contract 
has  been  further  modified  by  certain  other  agreements  between 
the  said  parties;  and 

\\  HERE  AS  By  agreement  between  the  City  and- the  Contractor, 
dated  June  21,  1900,  the  routes  and  general  plan  for  the  con- 
struction and  operation  of  the  said  Rapid  Transit  Railroad  were 
duly  modified  by  striking  from  the  same  the  portion  thereof  be- 
ginning at  a  point  under  Eleventh  avenue  on  the  centre  line  there- 
of produced,  and  eleven  hundred  and  five  (1,105)  feet  north  of 
the  centre  line  of  One  Hundred  and  Ninetieth  street,  and  run- 
ning thence  as  described  in  said  routes  and  general  plan  to  a  point 
at  or  near  the  intersection  of  Broadway  with  Amsterdam  avenue 
and  south  of  Riverdale  avenue ;  and  by  inserting  in  the  said  routes 
instead  of  the  portion  thereof  thus  struck  out  the  route  as  here- 
inafter in  this  agreement  described ;  and  by  adopting  a  general 
plan  of  construction  for  the  portion  of  the  route  thereby  substi- 
tuted as  in  said  agreement,  dated  June  21,  1900,  to  which  refer- 
ence is  hereby  had,  is  more  fully  set  forth  and  provided,  which 
agreement,  and  the  routes  and  plans  therein  contained,  was  there- 
after approved  and  consented  to  as  therein  provided ;  and 

WHEREAS  the  Contractor  has  deposited  with  the  Comptroller 
of  the  City  certain  security  for  the  performance  of  the  said  con- 

323 


Third  Track  North  of  Fort  George 

tract  for  construction  and  operation  on  his  part,  and  has  given 
certain  bonds  as  further  security  for  such  performance  and 
upon  such  bonds  there  are  now  sureties  as  follows :  Rapid  Tran- 
sit Subway  Construction  Company,  The  United  States  Fidelity 
and  Guaranty  Company,  The  City  Trust  Safe  Deposit  and  Surety 
Company  of  Philadelphia,  American  Surety  Company  of  New 
York,  National  Surety  Company  and  Fidelity  and  Deposit  Com- 
pany of  Maryland;  and 

WHEREAS,  by  written  instruments  bearing  date  the  tenth  day 
of  -July,  1902,  the  Contractor,  with  the  written  consent  of  the 
Board,  concurred  in  by  six  members  thereof,  duly  assigned  the 
right  and  obligation  to  maintain  and  operate  the  said  Rapid  Tran- 
sit Railroad  for  the  term  of  years  specified  in  the  said  contract 
and  all  rights  included  in  the  leasing  provisions  of  the  said  con- 
tract, together  with  the  obligation  to  provide  equipment  for  the 
said  railroad  unto  Interborough  Company,  "which  company  also 
guaranteed  the  performance  by  the  Contractor  of  the  provisions  of 
so  much  of  his  said  contract  as  was  not  so  assigned  to  it;  and 

WHEREAS,  it  is  in  said  contract  for  Construction  and  Operation 
provided  that  the  said  Board  of  Rapid  Transit  Railroad  Com- 
missioners shall  have  the  right  for  any  section  of  the  railroad 
to  require  additional  work  to  be  done  or  additional  materials  to 
be  furnished  or  both,  within  the  general  purview  of  a  rapid  transit 
railroad  as  therein  described,  the  reasonable  value  of  which  shall 
be  additionally  paid  to  the  Contractor;  and 

WHEREAS,  the  Contractor  desires,  and  the  Board  approves,  a 
modification  of  the  said  Contract  for  Construction  and  Operation 
in  order  to  provide  for  the  additional  construction  of  certain  side 
tiacks  for  terminal  purposes  and  otherwise;  and 

WHEREAS,  It  is  in  said  contract  for  the  construction  and  oper- 
ation of  the  Rapid  Transit  Railroad  provided  that  the  Contractor 
shall  locate  and  furnish  terminal  grounds  subject  to  the  approval 
of  said  Board,  having  a  mileage  of  not  less  than  five  miles  and 
capable  of  storing  the  equipment  to  be  furnished  under  said  con- 
tract for  which  he  is  to  be  paid,  as  specified  therein,  amounts  not 
exceeding  in  all  the  sum  of  One  million  seven  hundred  and  fifty 
thousand  dollars  ($1,750,000),  and  the  Contractor  has  already 
located  and  furnished  or  made  provision  to  furnish  terminals  at 
a  cost  to  him  in  excess  of  said  sum, 


324 


Third  Track  North  of  Fort  George 

Now,  Therefore,  in  consideration  of  the  premises,  and  sub- 
ject to  the  consents  hereinafter  provided,  it  is  agreed  that  the 
said  contract  of  February  21,  1900,  be  and  the  same  is  hereby 
modified  as  follows: 

In  addition  to  the  tracks  to  be  laid  as  prescribed  in  the  Specifi- 
cations in  said  contract  contained  under  the  head  "I.  General  De- 
scription," the  Contractor  shall,  at  the  time  of  constructing  the 
same,  also  lay  and  construct  an  additional  side  track  upon  the 
portion  of  the  route  under  or  over  private  property,  Eleventh 
avenue,  Naegle  avenue,  Amsterdam  avenue,  Broadway  or  Kings- 
bridge  road,  Riverdale  avenue  and  Two  Hundred  and  Thirtieth 
street  from  a  point  at  or  near  the  north  portal  of  the  tunnel  of  the 
said  Rapid  Transit  Railway  now  being  constructed  on  private 
property  near  the  intersection  of  Eleventh  and  Naegle  avenues 
to  a  point  at  or  near  the  intersection  of  Two  Hundred  and  Thir- 
tieth street  and  Bailey  avenue ;  the  same  to  be  laid  and  constructed 
in  accordance  with  certain  plans  and  drawings  prepared  and  issued 
by  the  Chief  Engineer  of  the  Board,  which  are  hereunto  annexed 
as  a  part  of  this  agreement,  marked  "Rapid  Transit  Railroad 

"Commissioners,  Office  of  the  Chief  Engineer,  Drawing  No , 

"Dated   day  of ,   1903," 

and  "which  additional  side  track  shall  be  included  as  a  part  of  the 
railroad  described  in  the  leasing  provisions  of  the  contract  afore- 
said duly  assigned  to  Interborough  Company  as  above  set  forth. 

AND  IT  is  FURTHER  AGREED  that  the  cost  of  constructing  that 
portion  of  the  said  additional  side  track  from  the  point  at  or  near 
the  north  portal  of  the  tunnel  near  the  intersection  of  Eleventh 
and  Naegle  avenues  to  the  point  at  or  near  the  intersection  of 
Amsterdam  avenue  with  Kingsbridge  road  or  Broadway  and 
south  of  Riverdale  avenue,  a  distance  of  4,638  feet  or  there- 
abouts, shall  be  deemed  a  part  of  the  cost  of  constructing  said 
Rapid  Transit  Railroad,  and  shall  be  paid  to  the  Contractor  in 
the  manner  provided  in  the  contract  for  construction  and  opera- 
tion of  said  Rapid  Transit  Railroad,  in  addition  to  the  amounts 
in  said  contract  agreed  to  be  paid  unto  said  Contractor ;  and  such 
cost  shall  be  included  in  the  total  cost  of  the  construction  of  the 
said  railroad  in  determining  the  amount  of  rental  to  be  paid 
under  said  contract,  in  like  manner  as  if  so  much  of  said  side 
track  had  been  originally  authorized  therein ; 


325 


Third  Track  North   of  Fort   George 

AND  IT  is  FURTHER  AGREED  that  the  Contractor  be  and  he  is 
hereby  authorized  to  construct  at  his  own  expense  and  as  a  part 
of  the  terminals  of  said  railway  that  portion  of  the  said  additional 
track  of  the  said  railroad  which  lies  between  a  point  at  or.  near 
the  intersection  of  Amsterdam  avenue  with  Kingsbridge  road  or 
Broadway  and  south  of  Riverdale  avenue  and  a  point  at  or  near 
the  intersection  of  Two  Hundred  and  Thirtieth  street  with  Bailey 
avenue ; 

AND  IT  is  FURTHER  AGREED  for  the  purposes  of  this  agreement 
that  One  hundred  and  four  thousand  dollars  ($104,000)  shall  be 
deemed  to  be  the  reasonable  value  of  constructing  so  much  of 
said  additional  side  track  as  shall  be  paid  for  by  the  City  unto  the 
Contractor  as  hereinbefore  provided,  and  that  the  same  be  paid 
to  the  Contractor  upon  vouchers  duly  certified  and  approved  as  in 
said  contract  dated  February  21,  1900,  is  stipulated. 

PROVIDED,  HOWEVER,  and  it  is  expressly  agreed,  that  this  agree- 
ment shall  take  effect  if  and  when  and  only  when  the  following 
consents  shall  have  been  duly  had,  to  wit: 

The  consent  as  subjoined  of  Rapid  Transit  Subway  Construc- 
tion Company,  The  United  States  Fidelity  and  Guaranty  Com- 
pany, The  City  Trust,  Safe  Deposit  and  Surety  Company  of  Phil- 
adelphia, American  Surety  Company  of  New  York,  National  Sure- 
ty Company  and  Fidelity  and  Deposit  Company  of  Maryland. 

IN  WITNESS  WHEREOF,  this  contract  has  been  executed  for 
The  City  of  New  York,  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners,  under  and  by  a  resolution  duly  adopted  by  said 
Board,  concurred  in  by  six  of  its  members,  and  the  seal  of  the 
said  Board  has  been  hereto  affixed  and  these  presents  signed  by 
the  President  and  Secretary  of  the  said  Board,  and  the  Contractor 
has  hereto  set  his  hand  and  seal,  and  Interborough  Company  has 
caused  these  presents  to  be  duly  executed  by  its  proper  officers 
under  its  corporate  seal,  >  the  day  and  year  first  above  written. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSION- 
ERS FOR  THE  CITY  OF  NEW  YORK, 

By 
[OFFICIAL  SEAL.]  A.  E.  ORR, 

President. 
BION  L.  BURROWS, 

Secretary. 

JOHN  B.  McDONALD     [SEAL.] 

326 


Third  Track  North   of  Fort   George 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 

AUGUST  BELMONT, 

[CORPORATE  SEAL.]  President. 

ATTEST  : 

H.  M.  FISHER, 

Sec.  pro  tern. 


Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  IS  HEREBY  APPROV- 
ED AS  TO  FORM. 

Dated,  New  York,  April  2 1st,  1904. 

JOHN  J.  DELANY, 

Corporation  Counsel. 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  this  2ist  day  of  April,  1904,  before  me  personally  appeared 
Alexander  E.  Orr  and  Bion  L.  Burrows  to  me  known  and  known 
to  me  to  be,  the  said  Alexander  E.  Orr,  the  president,  and  the  said 
Bion  L.  Burrows,  the  secretary  of  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  the  City  of  New  York;  and  the  said 
Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn, 
did  depose  and  say,  each  for  himself  and  not  one  for  the  other,  the 
said  Alexander  E.  Orr,  that  he  resided  in  the  Borough  of  Brook- 
lyn, in  the  said  City,  that  he  was  the  president  of  the  said  Board 
and  that  he  subscribed  his  name  to  the  foregoing  contract  by  vir- 
tue of  the  authority  thereof ;  and  the  said  Bion  L.  Burrows,  that 
he  resided  in  the  Borough  of  Brooklyn,  in  the  said  City  of  New 
York,  that  he  was  the  secretary  of  the  said  Board  and  that  he  sub- 
scribed his  name  thereto  by  like  authority  ;  and  both  the  said  Alex- 
ander E.  Orr  and  Bion  L.  Burrows  that  they  knew  the  seal  of  the 
said  Board  and  that  the  same  was  affixed  to  the  foregoing  instru- 
ment by  the  authority  of  the  said  Board  and  of  a  resolution  duly 
adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 
Notary  Public  for  Kings  County,  N.  Y. 

Certificate  filed  in  New  York  County. 

[SEAL.]  . 

327 


Third  Track  North  of  Fort  George 

STATE  OF  NEW  YORK,  ) 

*•  ss  * 
COUNTY  OF  NEW  YORK,  I 

On,  this  28th  day  of  April,  1904,  before  me  personally  appeared 
JOHN  B.  MCDONALD,  to  me  known  and  known  to  me  to  be  the 
person  and  Contractor  named  in  and  who  executed  the  foregoing 
contract,  and  duly  acknowledged  to  me  that  he  executed  the 
same. 

A.  W.  ANDREWS  (39), 

[NOTARIAL  NOTARY,  PUBLIC, 

SEAL.]  N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

^  ss  * 
COUNTY  OF  NEW  YORK,] 

On  this  25th  day  of  April,  1904,  before  me  personally  appeared 
AUGUST  BELMONT,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  County  of 
Nassau,  in  the  State  of  New  York,  that  he  is  President  of  the 
Interborough  Rapid  Transit  Company,  the  corporation  described 
in  and  which  executed  the  foregoing  contract;  that  he  knew  the 
corporate  seal  of  said  company;  that  one  of  the  seals  affixed  to 
said  contract  was  such  corporate  seal;  and  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  said  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 

[NOTARIAL  NOTARY,  PUBLIC, 

SEAL.]  N.  Y.  Co. 

The  Undersigned  being  the  sureties  of  John  B.  Mc- 
Donald, the  contractor  above  mentioned,  upon  the  continuing  bond 
in  the  penalty  of  One  million  dollars  ($1,000,000),  and  the  bond 
for  construction  and  equipment  in  the  penalty  of  Five  million 
dollars  ($5,000,000)  hereby  consent  to  the  making  of  the  fore- 
going instrument. 

Dated  New  York,  April  25th,  1904. 

RAPID  TRANSIT   SUBWAY   CONSTRUCTION 
COMPANY, 

[CORPORATE  By  AUGUST  BELMONT, 

SEAL.]  PRESIDENT. 

328 


Third  Track  North   of  Fort   George 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

[CORPORATE  By  ANDREW  FREEDMAN, 

SEAL.]  VICE-PRESIDENT. 

THE    CITY    TRUST,    SAFE    DEPOSIT    AND 
SURETY  COMPANY  OF  PHILADELPHIA, 

160  BROADWAY   N.  Y. 

[CORPORATE  A.  T.  KIERNAN, 

SEAL.]  VICE-PRESIDENT. 

R.  M.  STONE, 

ASST.  SECRETARY. 

Asst,  Secretary. 

[SEAL.] 

AMERICAN  SURETY   COMPANY   OF    NEW 

YORK, 

[CORPORATE  By  H.  D.  LYMAN, 

SEAL.]  PRESIDENT. 

NATIONAL  SURETY  COMPANY, 

[CORPORATE  By  WM.  B.  JOYCE, 

SEAL.]  PRESIDENT. 

Attest : 

BALLARD  McCALL, 
Secretary. 

FIDELITY    AND     DEPOSIT    COMPANY    OF 
MARYLAND, 

Surety  on  the  continuing  bond  only. 

[CORPORATE  By  HENRY  B.  PLATT, 

SEAL.]  VICE-PRESIDENT. 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK,' 

On  this  25th  day  of  April,  1904,  before  me  personally  appeared 
AUGUST  BELMONT,  to  me  known,  who,  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  was  the  President  of  Rapid 
Transit  Subway  Construction  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent;  that 
he  knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals 

329 


Third  Track  North  of  Fort   George 

affixed  to  said  consent  was  such  corporate  seal,  and  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  said 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 

[NOTARIAL  NOTARY  PUBLIC, 

SEAL.]  N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

>  ss  ' 
COUNTY  OF  NEW  YORK,J 

On  this  28th  day  of  April,  1904,  before  me  personally  appeared 
ANDREW  FREEDMAN,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  Vice-President  of  the 
United  States  Fidelity  and  Guaranty  Company,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company;  that  one  of 
the  seals  affixed  to  said  consent  was  such  corporate  seal,  and 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of 
said  company,  and  that  he  signed  his  name  thereto  by  like 
authority. 

A.  W.  ANDREWS  (39), 
[NOTARIAL  NOTARY  PUBLIC, 

SEAL.]  N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

*•  ss  ' 
COUNTY  OF  NEW  YORK,J 

On  this  2nd  day  of  May,  1904,  before  me  personally  appeared 
ADRIAN  T.  KIERNAN  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  Vice-President  of  The 
City  Trust  Safe  Deposit  and  Surety  Company  of  Philadelphia, 
one  of  the  corporations  described  in  and  which  executed  the  fore- 
going consent;  that  he  knew  the  corporate  seal  of  said  com- 
pany; that  one  of  the  seals  affixed  to  said  consent  was  such 
corporate  seal,  and  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 

[NOTARIAL  NOTARY  PUBLIC, 

SEAL.]  N.  Y.  Co. 

330 


Third   Track  North  of  Fort   George 
STATE  OF  XE\V  YORK,  ) 

I.    gg    ; 

COUNTY  OF  NEW  YORK,J 

On  this  28th  day  of  April,  1904,  before  me  personally  appeared 
HENRY  D.  LYMAN,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  President  of  American 
Surety  Company  of  New  York,  one  of  the  corporations  described 
in  and  which  executed  the  foregoing  consent ;  that  he  knew  the 
corporate  seal  of  said  company;  that  one  of  the  seals  affixed  to 
said  consent  was  such  corporate  seal,  and  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 

[NOTARIAL  NOTARY  PUBLIC, 

SEAL.]  N.  Y.  Co. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK/ 

On  this  2nd  day  of  May,  1904,  before  me  personally  appeared 
WILLIAM  B.  JOYCE,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  President  of  National 
Surety  Company  of  New  York,  one  of  the  corporations  described 
in  and  which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company;  that  one  of  the  seals  affixed  to 
said  consent  was  such  corporate  seal,  and  that  it  was  affixed  there- 
to by  order  of  the  Board  of  Directors  of  such  company,  and  that 
he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 

[NOTARIAL  NOTARY  PUBLIC, 

SEAL.]  N.  Y.  Co. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK/ 

On  this  28th  day  of  April,  1904,  before  me  personally  appeared 
HENRY  B.  PLATT,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  Vice-President  of 
Fidelity  and  Deposit  Company  of  Maryland,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent; 

331 


Third  Track  North  of  Fort  George 

that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal,  and  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 

[NOTARIAL  NOTARY  PUBLIC, 

SEAL.]  N.  Y.  Co. 


331 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN    B.    McDONALD,  Contractor 


AND 


INTERBOROUGH   RAPID    TRANSIT  COMPANY 


AGREEMENT 

Modifying    Contract   for   Construction   and    Operation 
of    Rapid    Transit    Railroad 

RATE  OF   RENTALS 


Dated,    3d    November,    1904 


Rate  of  Rentals 

Agreement  made  this  third  day  of  November,  in  the  year 
one  thousand  nine  hundred  and  four,  between  THE  CITY  OF  NEW 
YORK  (hereinafter  called  the  City),  acting  by  the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New  York  (here- 
inafter called  "the  Board"),  party  of  the  first  part,  and  JOHN  B. 
McDoxALD,  of  the  City  of  New  York  (hereinafter  called  the 
"Contractor"),  and  INTERBOROUGH  RAPID  TRANSIT  COMPANY 
(hereinafter  called  "Interborough  Company"),  parties  of  the  sec- 
ond part. 

WHEREAS,  heretofore  and  on  the  2ist  day  of  February,  1900, 
the  City,  acting  by  the  Board,  entered  into  a  contract  with  the 
Contractor  for  the  construction  and  operation  of  a  rapid  transit 
railroad  in  the  City  of  New  York  (hereinafter  called  "the  Rail- 
road"), which  contract  has  since  been  modified  in  certain  par- 
ticulars by  certain  agreements  between  the  parties,  and.  which 
contract  as  so  modified  is  hereinafter  called  "the  Contract"; 
and 

WHEREAS,  it  was  in  the  Contract  provided  that  the  Railroad 
for  the  purpose  of  the  Contract  was  divided  into  four  sections, 
and  The  City  let  the  Railroad  unto  the  Contractor  for  the  term 
therein  mentioned ;  the  said  term  to  be  fifty  years  and  to  run 
from  the  date  on  which  Section  I.  of  the  Railroad  should  be 
declared  by  the  Board  to  be  ready  for  operation :  provided, 
however,  that  if  the  Railroad  should  include  Sections  II.,  III. 
and  IV.,  or  any  of  them,  the  term  of  the  lease  as  to  each  of 
such  sections  so  included  should  run  from  the  date  or  dates 
on  which  it  should  be  declared  by  the  Board  to  be  ready  for 
operation,  and  should  end  at  the  end  of  the  said  first-men- 
tioned term  of  fifty  years ;  and 

WHEREAS,  by  written  instruments  bearing  date  the  loth  day  of 
July,  1902,  the  Contractor  with  the  written  consent  of  the 
Board,  concurred  in  by  six  members  thereof,  duly  assigned 
the  right  or  obligation  to  maintain  and  operate  the  Railroad 
for  the  term  of  years  specified  in  the  said  contract,  and  all 
rights  included  in  the  leasing  provisions  of  the  said  contract, 
together  with  the  obligation  to  provide  equipment  for  said 
Railroad,  unto  the  Interborough  Company,  which  company 
also  guaranteed  the  performance  by  the  Contractor  of  the 
provisions  of  the  contract  not  so  assigned  to  it ;  and 

335 


Rate  of  Rentals 

WHEREAS,  the  Board  has  duly  declared  Section  I.  of  the  Rail- 
road to  be  ready  for  operation  on  and  after  the  twenty-seventh 
day  of  October,  One  Thousand  Nine  Hundred  and  Four  (al- 
though the  whole  of  the  work  on  the  said  Section  was  not 
then  completed),  by  reason  whereof  the  rental  for  the  use  of 
the  said  Section,  as  well  as  the  said  term  of  fifty  years  for  the 
operation  of  the  Railroad,  began  on  the  said  last-mentioned 
date;  and 

WHEREAS,  the  Board  has  also  granted  permission  to  the  parties 
of  the  second  part  to  operate  for  the  transportation  of  pas- 
sengers, on  and  after  October  27,  1904,  in  addition  to  Section 
I.,  certain  portions  of  Section  II.  and  III.  (although  the  whole 
of  the  said  Sections  II.  and  III.  were  not  then  completed  nor 
ready  for  operation),  the  parts  of  the  Railroad  so  to  be  op- 
erated consisting  of  the  Railroad  on  the  west  side  from  the  ter- 
minus at  the  City  Hall  to  and  including  the  station  at  the 
intersection  of  I45th  Street  and  Broadway;  and  the  Inter- 
borough  Company  has  in  fact  operated  the  Railroad  on  the 
west  side  from  the  City  Hall  to  I45th  Street  beginning  on  the 
27th  day  of  October,  1904;  and 

WHEREAS,  it  is  expected  that  the  whole  of  Section  II.  will 
shortly  be  ready  for  operation,  and  that  portions  of  Sections 
III.  and  IV.  will  be  ready  for  operation  at  various  times  within 
the  next  twelve  months ;  and 

WHEREAS,  the  Contract  fails  to  provide  fully  for  ascertaining 
the  rental  to  be  paid  in  case  less  than  an  entire  Section  is 
declared  to  be  ready  for  operation,  and  doubts  have  therefore 
arisen  as  to  the  manner  in  which  the  rental  should  be  ascer- 
tained in  respect  to  those  portions  of  Sections  II.  and  III. 
which  have  been  operated  beginning  October  27,  1904,  as 
aforesaid;  and  the  parties  of  the  second  part  desire  and  re- 
quest a  further  modification  of  the  contract  so  as  to  remove 
such  doubts  and  also  so  as  to  provide  a  method  for  ascertain- 
ing the  rental  to  be  paid  on  such  portions  of  the  Railroad  less 
than  an  entire  Section  in  length  as  may  be  put  in  operation 
from  time  to  time  hereafter. 

Mow,  therefore,  this  Agreement  witnesseth,  that  in  consider- 
ation of  the  premises  and  subject  to  the  consents' hereinafter 
provided,  it  is  Agreed  as  follows: 

336 


Rate  of  Rentals 

FIRST. — From  the  said  2/th  day  of  October,  1904,  the  Inter- 
borough  Company  shall  and  will  pay  The  City  rental  for  the 
portions  of  the  Railroad  above  described  as  follows : 

A.  With    respect    to  Section    I,    the    rental    required    by    the 

Contract  to  be  paid  therefor. 

B.  With  respect  to  that  portion  of  Section  II.  operated  as 

aforesaid,  beginning  October  27,  1904,  the  rental  shall 
be  fixed  and  ascertained  in  the  following  manner,  viz. : 
The  cost  of  the  said  portion  shall,  for  the  purposes  of 
this  Agreement  (and  for  no  other  purpose)  be  taken 
and  assumed  to  be  such  a  proportion  of  $11,000,000  (the 
contract  price  of  the  entire  Section),  as  63,000  feet  (the 
length  of  single  track  contracted  for  and  constructed 
in  the  portion  operated  October  27,  1904)  bears  to 
89,400  feet  (the  length  of  single  track  contracted  for  in 
the  entire  Section),  together  with  the  cost  of  all  extra  work 
duly  authorized  in  the  portion  operated  October  27, 
1904,  less  the  cost  of  all  work  duly  directed  to  be  omitted 
therein.  The  rental  shall  be  the  percentage  of  such  cost, 
to  be  computed  in  the  same  manner  and  on  the  same 
basis  as  though  the  said  portion  of  Section  II.  operated 
October  27,  1904,  constituted  the  whole  of  one  of  the 
Sections  mentioned  and  described  in  the  Contract. 

C.  With  respect  to  that  portion  of  Section  III.  operated  as 

aforesaid  beginning  October  27,  1904,  the  rental  shall 
be  fixed  and  ascertained  in  the  following  manner,  viz. : 
The  cost  of  the  said  portion  shall,  for  the  purposes  of 
this  Agreement  (and  for  no  other  purpose),  be  taken 
and  assumed  to  be  such  a  proportion  of  $6,000,000  (the 
contract  price  of  the  entire  Section),  as  5,500  feet  (the 
length  of  single  track  contracted  for  and  constructed  in 
the  portion  operated  October  27,  1904)  bears  to  45,800 
feet  (the  length  of  single  track  contracted  for  in  the 
entire  Section),  together  ^cvith  the  cost  of  all  extra  work- 
duly  authorized  in  the  portion  operated  October  27,  1904, 
less  the  cost  of  all  work  duly  directed  to  be  omitted -therein. 
The  rental  shall  be  the  percentage  of  such  cost,  to  be 
computed  in  the  same  manner  and  on  the  same  basis  as 
though  the  said  portions  of  Section  III.  operated  Oc- 

337 


Rate   of  Rentals 

tober  27,  1904,  constituted  the  whole  of  one  of  the  Sec- 
tions mentioned  and  described  in  the  Contract. 

SECOND. — Beginning  with  the  clay  from  which  the  whole  of 
Section  II.  is  declared  by  the  Board  to  be  ready  for  operation, 
the  rental  on  the  said  Section  shall  be  the  rental  required  in 
the  Contract  to  be  paid  therefor. 

THIRD. — From  time  to  time  as  further  portions  of  the  Railroad 
are  permitted  by  the  Board  to  be  operated  after  the  date  of 
this  Agreement,  if  the  same  shall  (with  portions  theretofore 
permitted  to  be  operated)  constitute  less  than  an  entire  Sec- 
tion as  described  in  the  Contract,  the  Interborough  Company 
shall  and  will  pay  to  The  City  rental  for  such  portions  of 
Railroad,  which  rental  shall  be  fixed  and  ascertained  on  the 
principles  and  in  the  manner  herein  above  provided  with  re- 
spect to  the  portions  of  Sections  II.  and  III.  operated  October 
27,  1904.  But  beginning  with  the  day  from  which  Sections 
III.  and  IV.  respectively  are  declared  by  the  Board  to  be 
ready  for  operation,  the  rental  on  each  of  the  said  Sections 
shall  be  the  rental  required  in  the  Contract  to  be  paid  therefor. 

FOURTH. — Nothing  in  this  instrument  shall  be  construed  to 
relieve  the  parties  hereto  of  the  second  part,  or  either  of  them, 
from  the  obligation  of  completing  the  Railroad  and  the  equip- 
ment thereof,  or  from  any  other  obligation  which  they,  or 
either  of  them,  have  assumed  under  the  Contract  or  other- 
wise ;  nor  to  affect  the  amount  of  rental  to  be  paid  for  terminals 
or  real  estate  acquired  in  fee,  or  the  amount  of  rental  to  be 
paid  for  the  use  of  the  Railroad  from  and  after  the  time  when 
the  whole  of  the  said  Railroad  shall  be  declared  ready  for 
operation;  it  being  the  sole  purpose  of  this  Agreement  to 
provide  a  means  of  fixing  and  ascertaining  the  amount  of 
rental  to  be  paid  for  the  use  of  various  parts  of  the  Railroad 
from  the  several  times  when  such  parts  are  permitted  by  the 
Board  to  be  operated,  down  to  the  day  when  the  whole  of  the 
Railroad  is  declared  by  the  Board  to  be  ready  for  operation. 

Provided,  however,  and  it  is  expressly  AGR*EED, 
that  this  Agreement  shall  take  effect  when  and  only  when 
the  following  consents  hereto  shall  be  duly  had,  to  wit: — 

The  consents  as  subjoined  of 

Rapid  Transit  Subway  Construction  Company, 

338 


United  States  Fidelity  and  Guaranty  Company, 

The   City   Trust   Safe   Deposit   and   Surety   Company  of 

Philadelphia, 

American  Surety  Company  of  New  York, 
National  Surety  Company,  and 
Fidelity  and  Deposit  Company  of  Maryland. 

In  Witness  Whereof,  this  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners,  under  and  by  resolution  duly 
adopted  by  said  Board  and  concurred  in  by  more  than  six  of 
its  members,  and  the  seal  of  the  said  Board  has  been  hereto 
affixed  and  these  presents  signed  by  the  President  and  Sec- 
retary of  the  said  Board,  and  the  said  John  B.  McDonald  has 
hereto  set  his  hand  and  seal,  and  the  said  Interborough  Rapid 
Transit  Company  has  caused  its  corporate  seal  to  be  hereto 
affixed  and  attested  by  its  Secretary,  and  these  presents  to  be 
signed  by  its  President,  all  the  day  and  the  year  first  above 
written. 

JOHN  B.  MCDONALD.     [L.S.] 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 
[CORPORATE  By  AUGUST  BELMONT, 

SEAL.]  President. 

Attest : 

H.  M.  FISHER, 

Secretary. 

BOARD  OF  RAPID  TRANSIT  RAIL- 
ROAD COMMISSIONERS  FOR  THE 
CITY  OF  NEW  YORK, 

[SEAL.]  By  A.  E.  ORR, 

President. 
Attest : 

BION  L.  BURROWS, 

Secretary. 


339 


Rate  of  Rentals 

Approval  by  Comptroller. 

THE  FOREGOING  CONTRACT  IS  HEREBY  AP- 
PROVED. 

Dated  New  York,  Dec.  15,  1904. 

EDWARD  M.  GROUT, 

Comptroller. 

Approval  by  Corporation  Counsel. 
THE     FOREGOING     CONTRACT    IS    HEREBY     AP- 


Dated  New  York,  November  23,  1904. 

JOHN  J.  DELANY, 

Corporation  Counsel. 

STATE  OF  NEW  YORK.  ) 

*-  ss  * 
COUNTY  OF  NEW  YORK,J 

On  the  1 3th  day  of  December,  1904,  before  me  personally  ap- 
peared ALEXANDER  E.  ORR  and  BION  L.  BURROWS,  to  me  known 
and  known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  presi- 
dent, and  the  said  Bion  L.  Burrows,  the  secretary  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  for  the  City 
of  New  York ;  and  the  said  Alexander  E.  Orr  and  Bion  L. 
Burrows,  being  by  me  duly  sworn,  did  depose  and  say,  each 
for  himself  and  not  one  for  the  other,  the  said  Alexander  E. 
Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the  said 
City,  that  he  was  the  president  of  the  said  Board  and  that  he 
subscribed  his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he  re- 
sided in  the  Borough  of  Brooklyn,  in  the  said  City  of  New 
York,  that  he  was  the  secretary  of  the  said  Board  and  that  he 
subscribed  his  name  thereto  by  like  authority;  and  both  the 
said  Alexander  E.  Orr  and  Bion  L.  Burrows  that  they  knew 
the  seal  of  the  said  Board  and  that  the  same  was  affixed  to 
the  foregoing  instrument  by  the  authority  of  the  said  Board 
and  of  a  resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

[SEAL.]  Notary  Public, 

for  Kings  County,  N.  Y. 

Certificate  filed  in  New  York  County. 

340 


Rate  of  Rentals 

STATE  OF  NEW  YORK,  ) 

*•  ss.  i 

COUNTY  OF  NEW  YO?.K,J 

On  this  7th  day  of  December,  1904,  before  me  personally  ap- 
peared JOHN  B.  MCDONALD,  to  me  known  and  known  to  me  to  be 
the  person  and  Contractor  named  in  and  who  executed  the 
foregoing  contract,  and  acknowledged  to  me  that  he  executed 
the  same. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (39) 

N.  Y.  Co. 

STATE  OF  NEW  YORK, 

>  ss  ' 
COUNTY  OF  NEW 


On  this  3Oth  day  of  November,  1904,  before  me  personally  ap- 
peared AUGUST  BELMONT.  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say,  that  he  resided  in  the  County 
of  Nassau,  in  the  State  of  New  York;  that  he  is  President  of 
Interborough  Rapid  Transit  Company,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  contract;  that  he 
knew  the  corporate  seal  of  said  company  ;  that  one  of  the 
seals  affixed  to  said  contract  was  such  corporate  seal;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  said 
company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

CHAS.  W.  SANDFORD, 

[SEAL.]  Notary  Public  No.  18, 

Kings  County. 

Cert,  filed  in  N.  Y.  County. 


341 


Rate  of  Rentals 

CONSENT   OF   SURETIES. 

The  undersigned  being  the  sureties  of  John  B. 
McDonald,  the  contractor  above  mentioned,  upon  the  bond  for 
construction  and  equipment  in  the  penalty  of  Five  million 
dollars  ($5,000,000),  hereby  consent  to  the  making-  of  the  fore- 
going agreement. 

Dated  New  York,  November  3Oth,  1904. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 
[CORPORATE  by  AUGUST  BELMONT, 

SEAL.]  President. 

Attest : 

H.  M.  FISCHER, 

Secretary. 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

[CORPORATE  by  ANDREW  FREEDMAN, 

SEAL.]  Vice-Pres. 

Attest : 

ALBERT  H.  BUCK, 

Asst.  Secretary. 

THE    CITY    TRUST,    SAFE    DEPOSIT    AND 
SURETY    COMPANY    OF    PHILADELPHIA, 
[CORPORATE  by  A.  T.  KIERNAN, 

SEAL.]  Vice-President. 

Attest : 

R.  M.  STONE, 

Asst.  Secretary. 

AMERICAN    SURETY    COMPANY    OF    NEW 

YORK, 

[CORPORATE  by  WALTER  S.  JOHNSTON, 

SEAL.]  Vice-Prest. 

Attest : 

J.  W.  MASON, 

Atty. 

342 


NATIONAL  SURETY  COMPANY, 

[CORPORATE  by  WM.  B.  JOYCE, 

SEAL.] 

Attest  : 

SAMUEL  P.  SHRIVER, 

Secy. 

The  undersigned  being  '  the  sureties  of  John  B. 
McDonald  an4  Interborough  Rapid  Transit  Company  upon 
the  continuing  bond  in  the  penalty  of  One  million  dollars 
($1,000,000),  hereby  consent  to  the  making  of  the  foregoing 
agreement. 

Dated,  New  York,  November  30,  1904. 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 

ANTY COMPANY, 

[CORPORATE  by  ANDREW  FREEDMAN, 

SEAL.]  Vice-Pres. 

Attest  : 

ALBERT  H.  BUCK, 

Asst.  Secretary. 

FIDELITY  AND  DEPOSIT  COMPANY  OF 

MARYLAND, 

[CORPORATE  by  HENRY  B.  PLATT, 

SEAL.]  Vice-Prest. 

Attest  : 

HUGH  M.  ALL  WOOD, 

Attorney  in  fact. 


STATE  OF  NEW  YORK, 

>  ss  ' 
COUNTY  OF  NEW 


On  the  3Oth  day  of  November,  1904,  before  me  personally  ap- 
peared AUGUST  BELMONT,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say,  that  he  resided  in  Nassau 
County,  State  of  New  York  ;  that  he  was  the  President  of 
Rapid  Transit  Subway  Construction  Company,  one  of  the 

343 


Rate  of  Rentals 

Corporations  described  in  and  which  executed  the  foregoing 
consent  ;  that  he  knew  the  corporate  seal  of  said  company  ; 
that  one  of  the  seals  affixed  to  said  consent  was  such  cor- 
porate seal;  that  it  was  affixed  thereto  by  order  of  the  Board 
of  Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  authority. 

CHAS.  W.  SANDFORD, 

[SEAL.]  Notary  Public  No.  18, 

Kings  County. 

Cert,  filed  in  N.  Y.  County. 

STATE  OF  NEW  YORK,  ) 

*•  ss  ' 
COUNTY  OF  NEW  YORK,J 

On  the  9th  day  of  December,  1904,  before  me  personally  ap- 
peared ANDREW  FREEDMAN,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  the  City  of 
New  York,  in  the  State  of  New  York;  that  he  was  the  Vice- 
President  of  the  United  States  Fidelity  &  Guaranty  Company, 
one  of  the  corporations  described  in  and  which  executed  the 
foregoing  consent;  that  he  knew  the  corporate  seal  of  said 
company;  that  one  of  the  seals  affixed  to  said  consent  was 
such  corporate  seal  ;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

>  ss  * 
COUNTY  OF  NEW 


On  the  1  2th  day  of  December,  1904,  before  me  personally  ap- 
peared ADRIAN  T.  KIERNAN.  to  me  known,  who  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  resided  in  the  City 
of  New  York  in  the  State  of  New  York  ;  that  he  was  the  Vice- 
President  of  The  City  Trust,  Safe  Deposit  and  Surety  Com- 
pany of  Philadelphia,  one  of  the  corporations  described  in  and 
which  executed  the  foregoing  consent  ;  that  he  knew  the  cor- 
porate seal  of  said  company;  that  one  of  the  seals  affixed  to 
>aid  consent  was  such  corporate  seal;  that  it  was  affixed, 

344 


Rate  of  Rentals 

thereto  by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (39), 

N.  Y.  Co.  ' 

STATE  OF  NEW  YORK,  ) 

*•  ss  * 

COUNTY  OF  NEW  YORK,J 

On  the  pth  day  of  December,  1904,  before  me  personally  ap- 
peared WALTER  S.  JOHNSTON,  to  me  known,  who  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  resided  in  the 
City  of  New  York,  in  the  State  of  New  York  ;  that  he  was  the 
Vice-President  of  American  Surety  Company  of  New  York, 
one  of  the  corporations  described  in  and  which  executed  the 
foregoing  consent;  that  he  knew  the  corporate  seal  of  said 
company;  that  one  of  the  seals  affixed  to  said  consent  was 
such  corporate  seal  ;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed  his 
name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

L    gg   « 

COUNTY  OF  NEW 


On  the  loth  day  of  December,  1904,  before  me  personally  ap- 
peared WILLIAM  B.  JOYCE,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  the  City  of 
New  York  in  the  State  of  New  York;  that  he  was  the  Presi- 
dent of  National  Surety  Company  of  New  York,  one  of  the 
corporations  described  in  and  which  executed  the  foregoing 
consent  ;  that  he  knew  the  corporate  seal  of  said  company  ;  that 
one  of  the  seals  affixed  to  said  consent  was  such  corporate 
seal  ;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 


345 


Rate  of  Rentals 

STATE  OF  NEW  YORK.  ) 

*•  ss  * 
COUNTY  OF  NEW 


On  the  pth  day  of  December,  1904,  before  me  personally  ap- 
peared HENRY  B.  PLATT,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  the  City  of 
New  York,  in  the  State  of  New  York;  that  he  was  the  Vice- 
President  of  Fidelity  and  Deposit  Company  of  Maryland,  one 
of  the  corporations  described  in  and  which  executed  the  fore- 
going consent;  that  he  knew  the  corporate  seal  of  said  com- 
pany; that  one  of  the  seals  affixed  to  said  consent  was  such 
corporate  seal;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed  his 
name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[SEAL.]  Notary  Public   (39), 

N.  Y.  Co. 


346 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN    B.    McDONALD,    Contractor, 

RAPID    TRANSIT    SUBWAY     CONSTRUCTION 

COMPANY 

AND 

INTERBOROUGH    RAPID    TRANSIT 
COMPANY 


AGREEMENT 

Modifying  Contract  for  Construction  and  Operation 
of    Rapid    Transit    Railroad 

RETURN    OF    CONTRACTOR'S    DEPOSITS 


Dated,     December    1st,    1904 


,  Return  of  Contractor's  Deposits 

Agreement  made  the  first  day  of  December,  in  the  year 
nineteen  hundred  and  four,  between  THE  CITY  OF  NEW  YORK 
(hereinafter  called  the  City),  acting  by  the  Board  of  Rapid  Tran- 
sit Railroad  Commissioners  for  the  City  of  New  York  (herein- 
after called  the  Board),  party  of  the  first  part;  JOHN  B.  McDoN- 
ALD,  of  the  City  of  New  York  (hereinafter  called  the  Contractor), 
and  RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY  (herein- 
after called  the  Construction  Company),  parties  of  the  second 
part;  and  INTERBOROUGH  RAPID  TRANSIT  COMPANY  (hereinafter 
called  the  Interborough  Company),  party  of  the  third  part — 

WHEREAS,  heretofore  and  on  the  2ist  day  of  February,  1900, 
the  City,  acting  by  the  Board,  entered  into  a  contract  with  the 
Contractor  for  the  construction,  equipment  and  operation  of  a 
Rapid  Transit  Railroad  in  the  City  of  New  York,  the  said  con- 
tract being  hereinafter  styled  the  Contract  for  Construction  and 
Operation;  and 

WHEREAS,  on  the  said  2ist  day  of  February,  1900,  and  imme- 
diately after  the  execution  of  the  Contract  for  Construction  and 
Operation,  the  City,  acting  by  the  Board,  entered  into  another 
contract  with  the  Contractor  modifying  the  said  Contract  for  Con- 
struction and  Operation,  the  said  modifying  contract  being  here- 
inafter styled  the  Agreement  for  Modification  of  Contract ;  and 

WHEREAS,  upon  entering  into  the  said  Contract  for  Construc- 
tion and  Operation  and  the  said  Agreement  for  Modification  of 
Contract,  the  Contractor  gave  to  the  City  as  security : 

a.  A  continuing  bond  in  the  penalty  of  one  million  dollars  for 

tbe  performance  of  the  said  Contract  for  Construction  and 
Operation,  with  Perry  Belmont  as  surety  thereon. 

b.  A  bond  in  the  penalty  of  five  million  dollars  to  secure  the 

construction  and  equipment  of  the  railroad,  upon  which 
bond  the  sureties  are:  Rapid  Transit  Subway  Construc- 
tion Company  (one  of  the  parties  to  this  agreement),  The 
United  States  Fidelity  &:  Guaranty  Company,  The  City 
Trust  Safe  Deposit  &  Surety  Company  of  Philadelphia, 
American  Surety  Company  of  New  York,  and  National 
Surety  Company. 

c.  A  deposit  with  the  Comptroller  of  The  City  of  New  York 

of  the  sum  of  one  million  dollars  in  cash,  and 


Return   of   Contractor's  Deposits 

WHEREAS,  the  Construction  Company,  one  of  the  Contractor's 
sureties,  thereafter  and  about  the  ist  day  of  January,  1901,  in 
accordance  with  the  provisions  of  the  Agreement  for  Modifica- 
tion of  Contract,  made  a  further  deposit  with  the  Comptroller 
of  The  City  of  New  York  of  certain  securities  of  the  value  of 
more  than  one  million  dollars  as  additional  security  for  the  con- 
struction and  equipment  of  the  railroad ;  and 

WHEREAS,  by  written  instrument,  dated  the  loth  day  of  July, 
1902,  the  Contractor,  with  the  written  consent  of  the  Board,  con- 
curred in  by  six  members  thereof,  duly  assigned  the  right  or  obli- 
gation to  maintain  and  operate  the  said  Rapid  Transit  Railroad 
for  the  term  of  years  specified  in  the  said  contract  and  all  rights 
included  in  the  leasing  provisions  of  the  said  Contract,  together 
with  the  obligation  to  provide  equipment  for  the  said  railroad, 
unto  the  Interborough  Company,  which  Company  also  guaranteed 
the  performance  by  the  Contractor  of  the  provisions  of  his  said 
Contract  not  so  assigned  to  it ;  and 

WHEREAS,  by  written  instrument,  dated  the  24th  day  of  No- 
vember, 1903,  it  was  agreed  that  the  continuing  bond  originally 
given  as  aforesaid  with  Perry  Belmont  as  surety  thereon  might  be 
surrendered  and  cancelled  upon  the  Contractor  and  the  Inter- 
borough  Company  giving  to  the  City  another  bond  in  amount  at 
least  one  million  dollars ;  and 

WHEREAS,  on  or  about  the  7th  day  of  January,  1904,  the  said 
continuing  bond  with  Perry  Belmont  as  surety  was  surrendered 
and  cancelled  and  a  new  continuing  bond  in  the  penalty  of  one 
million  dollars  was  given  in  its  place,  with  John  B.  McDonald 
and  the  Interborough  Company  as  principals,  and  the  Fidelity  and 
Deposit  Company  of  Maryland  and  United  States  Fidelity  and 
Guaranty  Company,  as  sureties ;  and 

WHEREAS,  the  Comptroller  of  The  City  of  New  York  now 
holds  the  sum  of  one  million  dollars  in  cash  deposited  on  or  about 
the  2 ist  day  of  February,  1900,  by  the  Contractor;  and  also  cer- 
tain securities  constituting  the  above-mentioned  deposit  of  one 
million  dollars,  made  by  the  Construction  Company  about  the  ist 
day  of  January,  1901,  such  securities  being  either  those  originally 
deposited  or  others  duly  deposited  in  addition  thereto  or  in  lieu 
of  securities  withdrawn ;  and 

WHEREAS,  in  and  by  the  said  contract  for  construction  and 
operation  it  was  further  provided  that  when  the  Contractor  should 

350 


Return  of  Contractor's  Deposits 

have  fully  completed  the  construction  and  equipment  of  the  rail- 
road according  to  the  terms  thereof,  and  the  operation  of  the 
same  should  have  begun  pursuant  to  the  said  contract,  the  JBoard 
should  so  certify,  and  upon  such  certificate  the  Comptroller  should 
pay  and  deliver  to  the  Contractor  the  deposit  of  one  million  dol- 
lars ($1,000,000)  made  upon  entering  into  the  said  contract  as 
aforesaid,  or  so  much  thereof  as  should  not  have  been  reserved 
or  used  or  applied  for  any  of  the  purposes  in  the  said  contract 
mentioned,  and  that  the  Contractor  should  also  then  be  entitled 
to  be  credited  upon  the  rental  with  a  sum  which  should  be  equal 
to  the  interest  on  the  said  deposit  (if  made  in  cash)  from  the 
time  of  such  deposit  at  the  rate  of  interest  provided  for  in  the 
bonds  which  should  have  been  issued  and  sold  by  the  City  to  pro- 
vide for  the  construction  of  the  Railroad ;  and 

WHEREAS,  the  said  Rapid  Transit  Railroad  is  now  almost  en- 
tirely constructed  and  equipped,  and  the  security  held  by  the  City 
other  than  said  two  deposits  of  one  million  dollars  each  is  ample 
to  protect  the  City  against  any  possible  claims  against  the  Con- 
tractor in  respect  to  his  obligations  to  construct  and  equip  the 
Railroad;  and 

WHEREAS,  the  Contractor,  the  Construction  Company  and  the 
Interborough  Company  desire  and  the  Board  approves  a  modifica- 
tion of  the  said  Contract  for  Construction  and  Operation : 

Now,  therefore,  in  consideration  of  the  premises,  but 
subject  to  the  consents  hereinafter  provided,  it  is  Agreed  that 
the  said  Contract  for  Construction  and  Operation  and  the  said 
Agreement  for  Modification  of  Contract  be,  and  the  same  hereby 
are,  modified  so  as  to  provide  that  the  cash  and  securities  now 
held  by  the  Comptroller  of  The  City  of  New  York  constituting 
the  two  above-mentioned  deposits  of  one  million  dollars  each 
(which  said  securities  are  described  in  detail  in  the  Schedule  an- 
nexed to  this  agreement)  together  with  the  right  to  receive  any 
and  all  interest  accrued  upon  the  corporate  stock  or  bonds  con- 
stituting part  of  said  securities  at  the  date  of  the  delivery  thereof 
and  all  unpaid  coupons  for  interest  on  any  of  said  bonds  shall  be 
forthwith  delivered  to  RAPID  TRANSIT  SUBWAY  CONSTRUCTION 
COMPANY,  notwithstanding  the  Railroad  is  not  yet  in  all  respects 
completely  constructed  and  equipped. 

And  it  is  further  agreed  that  the  Interborough  Company  shall 
be  credited  upon  the  rental  of  the  Railroad  hereafter  to  come  due 

351 


Return  of  Contractor's  Deposits 

and  payable,  with  an  amount  equal  to  interest  on  the  deposit  of 
One  Million  Dollars  ($1,000,000)  in  cash,  made  on  or  about  Feb- 
ruary 21,  1900,  to  be  calculated  at  the  average  rate  of  interest  pro- 
vided for  in  the  bonds  which  have  been  issued  and  sold  by  The 
City  to  -provide  for  the  construction  of  the  Railroad,  from  the 
date  when  the  said  deposit  was  made. 

The  parties  of  the  second  and  third  parts,  upon  such  delivery 
being  made,  release  The  City  of  New  York  and  the  Board  from 
all  and  all  manner  of  claims  in  respect  to  the  said  cash  and  the 
said  securities  which  they  or  any  one  of  them  may  have  in  respect 
to  the  said  cash  or  to  the  said  securities  or  any  of  them ;  and  also 
in  respect  to  any  interest  or  income  upon  the  securities  of  the 
value  of  more  than  One  Million  Dollars  ($1,000,000)  deposited 
on  or  about  January  I,  1901,  as  above  mentioned,  and  those  for 
which  the  same  or  any  part  thereof  shall  have  been  exchanged, 
hereby  acknowledging  that  all  the  said  interest  or  income  which 
has  become  due  from  time  to  time  upon  any  of  the  securities  so 
deposited  has  been  duly  paid  over  to  them. 

And  it  is  further  agreed  that  all  the  obligations  of  the  Con- 
tractor and  the  Interborough  Company  under  the  Contract  and 
under  the  modifications  thereof  heretofore  made  shall  be  fully 
carried  out  and  performed  and  that  all  such  obligations  and  the 
obligations  of  the  Interborough  Company  as  guarantor  and  of  the 
several  sureties  upon  the  bonds  above  mentioned  and  described 
shall  be  deemed  to  include  any  liability  which  would  have  been 
covered  by  the  said  deposits  or  either  of  them  if  the  cash  and 
securities  constituting  the  same  had  not  been  delivered  to  the 
Rapid  Transit  Construction  Company  as  provided  in  this  instru- 
ment. 

PROVIDED,  however,  and  it  is  hereby  expressly  AGREED, 
that  this  agreement  shall  take  effect  when  and  only  when  the  fol- 
lowing consents  hereto  shall  be  duly  had,  to  wit :  the  consents  as 
subjoined  of  the  Comptroller  of  The  City  of  New  York,  The 
United  States  Fidelity  &  Guaranty  Company,  The  City  Trust 
Safe  Deposit  &  Surety  Company  of  Philadelphia.  American  Surety 
Company  of  New  York,  National  Surety  Company  and  Fidelity 
&  Deposit  Company  of  Maryland. 

In  Witness  Whereof,  this  contract  has  been  executed 
for  The  City  of  New  York  by  its  Board  of  Rapid  Transit 

352 


Return   of  Contractor's  Deposits 

Railroad  Commissioners  under  and  by  resolution  duly  adopted  by 
said  Board  concurred  in  by  six  of  its  members,  and  the  seal  of 
the  Board  has  been  hereto  affixed  and  these  presents  signed  by 
the  President  and  Secretary  of  the  said  Board ;  and  the  said  John 
B.  McDonald  has  hereto  set  his  hand  and  seal ;  and  the  said  Rapid 
Transit  Subway  Construction  Company  and  Interborough  Rapid 
Transit  Company  have  respectively  caused  their  corporate  seals 
to  be  hereto  affixed  and  attested  by  their  Secretaries  and  these 
presents  to  be  signed  by  their  Presidents  all  on  the  day  and  year 
above  mentioned. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMIS- 
SIONERS FOR  THE  CITY  OF  NEW  YORK, 
[SEAL.]  By  A.  E.  ORR, 

President. 
BION  L.  BURROWS, 

Secretary. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 
[CORPORATE  By  AUGUST  BELMONT, 

SEAL.]  President. 

Attest : 

H.  M.  FISHER, 

Secretary. 

RAPID  TRANSIT  SUBWAY  CONSTRUC- 
TION COMPANY, 

[CORPORATE  By  AUGUST  BELMONT, 

SEAL.]  President. 

Attest : 

H.  M.  FISHER, 

Secretary. 

JOHN  B.  MCDONALD.     [SEAL.] 

Schedule  referred  to  in  above  Agreement. 

Statement  of  the  Securities  deposited  by  the  Rapid  Transit  Sub- 
way Construction  Company,  January,  1901,  under  provision  of 
the  contract  of  February  21,  1900,  for  the  construction  and  opera- 
tion of  the  Rapid  Transit  Railroad  (including  supplementary  se- 

353 


Return  of  Contractor's  Deposits 

curities  deposited  September  24,  1902,  and  securities  substituted 
January  25,  1904)  as  security  for  Construction  and  Equipment, 
remaining  in  the  custody  of  The  Comptroller  of  The  City  of  New 
York. 

BONDS  AND  STOCK  REGISTERED  IN  THE  NAME  OF  "THE  CoMP1 

TROLLER  OF  THE  ClTY  OF  NEW   YORK,   IN   TRUST  AS 

SECURITY  FOR  JOHN   B.   MCDONALD, 

RAPID  TRANSIT  RAILROAD 

CONSTRUCTOR." 

$30,000  3%  Additional  Water  Stock  of  the  City  of  New  York. 
Principal  payable  October  i,  1905. 
Interest-  payable  April  i  and  October  i . 

20,000  2%  Consolidated  Stock  of  The  City  of  New  York  for 
acquiring  lands  for  Mulberry  Bend  Park. 
Principal  payable  November  i,  1924. 
Interest  payable  May  i  and  November  i. 

50,000  3%  Dock  Bonds  of  The  City  of  New  York. 
Principal  payable  November  i,  1925. 
Interest  payable  May  i  and  November  i. 

15,000  $/*%  Consolidated  Stock  of  the  City  of  New  York 
for  the  New  East  River  Bridge. 
Principal  payable  November  i,  1918. 
Interest  payable  May  i  and  November  i. 

30,000  zl/2%  Corporate  Stock  of  The  City  of  New  York  for 
the  New  Aqueduct. 
Principal  payable  October  i,  1919. 
Interest  payable  April  i  and  October  I. 

25,000  ^l/2%  Corporate  Stock  of  The  City  of  New  York  for 
School  Houses  and  Sites  therefor  in  the  Boroughs  of 
Manhattan  and  The  Bronx. 
Principal  payable  November  i,  1940. 
Interest  payable  May  i  and  November  i. 

100,000  $l/2%  Corporate  Stock  of  The  City  of  New  York  for 
the  Uses  and  Purposes  of  the  Department  of  Docks 
and  Ferries. 

Principal  payable  November  i,  1928. 
Interest  payable  May  i  and  November  i. 

354 


Return  of  Contractor's  Deposits 

$237,000  3^2  %  Corporate  Stock  of  The  City  of  New  York  for 

the  Construction  of  the  Rai'icl  Transit  Railroad. 

Principal  payable  November  i,  1950. 

Interest  payable  May  I  and  November  I. 
30,000  3l/2%  Corporate  Stock  of  The  City  of  New  York  for 

the  repaving  of  streets. 

Principal  payable  November  i,  1940. 

Interest  payable  May  i  and  November  I. 
100,000  3%  Additional  Water  Stock  of  The  City  of  New  York. 

Principal  payable  October  i.  1907. 

Interest  payable  April  i  and  October  i. 
100,000  3%   Consolidated  Stock  of  The  City  of  New  York 

School  House  Bonds. 

Principal  payable  November  i,  1908. 

Interest  payable  May  i  and  November  i. 
100,000  3%    Consolidated  Stock  of  The  City  of  New   York 

Dock  Bonds. 

Principal  payable  November  i,  1914. 

Interest  payable  May  I  and  November  i. 
200,000  3%    Consolidated  Stock  of  The  City  of  New  York 

Dock  Bonds. 

Principal  payable  November  i,  1924. 

Interest  payable  May  i  and  November  i. 


$1,037,000 

Approval  by  Comptroller. 

/  CONSENT  TO  AND  APPROVE  OF  THE  FOREGOING 
AGREEMENT. 

Dated  New  York,  Jan'y.  6th,  1905. 

EDWARD  M.  GROUT, 

Comptroller. 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  AGREEMENT  IS  HEREBY  AP- 
PROVED AS  TO  FORM. 

Dated  New  York,  17  December  1904. 

THEODORE  CONNOLY, 
Acting  Corporation  Counsel. 

355 


Return  of  Contractor's  Deposits 

STATE  OF  NEW  YORK,  ) 
COUNTY  OF  NEW  YORK,  j  Ss' ' 

On  the  5th  day  of  January,  1905,  before  me  personally  ap- 
peared ALEXANDER  E.  ORR  and  BION  L.  BURROWS,  to  me  known 
and  known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  president, 
and  the  said  Bion  L.  Burrows,  the ,  secretary  of  the  Board  of 
Rapid  Transit  Railroad  Commissioners  for  the  City  of  New  York ; 
and  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by 
me  duly  sworn,  did  depose  and  say,  each  for  himself  and  not  one 
for  the  other,  the  said  Alexander  E.  Orr,  that  he  resided  in  the 
Borough  of  Brooklyn,  in  the  said  City,  that  he  was  the  president 
of  the  said  Board  and  that  he  subscribed  his  name  to  the  fore- 
going contract  by  virtue  of  the  authority  thereof;  and  the  said 
Bion  L.  Burrows,  that  he  resided  in  the  Borough  of  Brooklyn, 
in  the  said  City  of  New  York,  that  he  was  the  secretary  of  the 
said  Board  and  that  he  subscribed  his  name  thereto  by  like  au- 
thority ;  and  both  the  said  Alexander  E.  Orr  and  Bion  L.  Bur- 
rows that  they  knew  the  seal  of  the  said  Board  and  that  the  same 
was  affixed  to  the  foregoing  instrument  by  the  authority  of  the 
said  Board  and  of  a  resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 
[SEAL.]  Notary  Public 

for  Kings  County,  N.  Y. 

Certificate  filed  in  New  York  County. 

STATE  OF  NEW  YORK,  ) 

*•  ss  ' 
COUNTY  OF  NEW  YORK,J 

On  this  2  ist  day  of  December,  1904,  before  me  personally  ap- 
peared JOHN  B.  McDoNALJD,  to  me  known  and  known  to  me  to 
be  the  person  and  Contractor  named  in  and  who  executed  the 
foregoing  contract,  and  acknowledged  to  me  that  he  executed  the 
same. 

A.  W.  ANDREWS, 
[SEAL.]  Notary  Public, 

N.  Y.  Co. 

STATE  OF  NEW  YORK.  ) 

ss  * 

COI/NTY    OF    NEW    YORK,} 

On  the  20th  day  of  December,  1904,  before  me  personally  ap- 
peared AUGUST  BELMONT,  to  me  known,  who  being  by  me  first 

356 


Return  of  Contractor's  Deposits 

duly  sworn,  did  depose  and  say,  that  he  resided  in  the  County 
Nassau,  State  of  New  York;  that  he  was  the  President  of  Rapid 
Transit  Subway  Construction  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent ;  that  he 
knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was  af- 
fixed thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ] 
COUNTY  OF  NEW  YORK,JSS.  : 

( )n  this  2Oth  day  of  December,  1904,  before  me  personally  ap- 
peared AUGUST  BELMONT,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say,  that  he  resided  in  the  County  of 
Nassau,  in  the  State  of  New  York ;  that  he  was  President  of  In- 
terborough  Rapid  Transit  Company,  the  corporation  described 
in  and  which  executed  the  foregoing  contract;  that  he  knew  the 
corporate  seal  of  said  company ;  that  one  of  the  seals  affixed  to 
said  contract  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  said  company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

CONSENT  OF  SURETIES  ON  BOND  FOR  CONSTRUC- 
TION, ETC. 

The  undersigned  being  (with  Rapid  Transit  Construction 
Company)  the  sureties  of  John  B.  McDonald,  the  contractor 
above  mentioned,  upon  the  bond  for  construction  and  equipment 
in  the  penalty  of  Five  million  dollars  ($5,000,000),  hereby  con- 
sent to  the  making  of  the  foregoing  agreement,  and  they  sever- 
ally agree  that  their  respective  liability  includes  any  liability  which 
would  have  been  covered  by  the  deposits  mentioned  in  said  agree- 
ment, or  either  of  them,  if  the  cash  and  securities  constituting  the 

357 


Return  of  Contractor's  Deposits 

same  had  not  been  delivered  to  the  Rapid  Transit  Subway  Con- 
struction Company  as  provided  in  the  said  agreement. 

Dated  New  York,  December  21,   1904. 

THE  UNITED  STATES  FIDELITY  AND 
GUARANTY  COMPANY, 

[CORPORATE  By  JOHN  R.  BLAND, 

SEAL.]  President. 

Attest : 

GEO.  R.  CALLIS, 

Secretary. 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND 
SURETY  COMPANY  OF  PHILADELPHIA, 
[CORPORATE  By  A.  T.  KIERNAN, 

SEAL.]  Vice-President. 

Attest : 

R.  M.  STONE, 

Asst.  Secretary. 

AMERICAN  SURETY  COMPANY  OF 

NEW  YORK, 

[CORPORATE  By  H.  D.  LYMAN, 

SEAL.]  President. 

Attest : 

J.  W.  MASON, 
Atty. 

NATIONAL  SURETY   COMPANY, 

[CORPORATE  By  WM.  R.  JOYCE, 

SEAL.]  Prest. 

Attest : 

GILBERT  CONGDON, 

Asst.  Secy, 


358 


Return  of  Contractor's  Deposits 
STATE  OF  NEW  YORK, 


-  CC      " 

COUNTY  OF  NEW  YORK,  ' ' 

On  the  2ist  day  of  December,  1904,  before  me  personally  ap 
peared  JOHN  B.  BRAND,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resided  in  the  City  of  Balti- 
more in  the  State  of  Maryland ;  that  he  was  the  President  of  the 
United  States  Fidelity  &  Guaranty  Company,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 
STATE  OF  NEW  YORK, 


cc 

COLTNTY  OF  NEW  YORK,  ^ 

On  the  24th  day  of  December,  1904,  before  me  personally  ap- 
peared ADRIAN  T.  KIERNAN,  to  me  known,  \vho  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  the  City  of 
New  York  in  the  State  of  New  York ;  that  he  was  the  Vice-Pres- 
ident of  The  City  Trust,  Safe  Deposit  and  Surety  Company  of 
Philadelphia,  one  of  the  corporations  described  in  and  which  ex- 
ecuted the  foregoing  consent;  that  he  knew  the  corporate  seal 
of  said  company ;  that  one  of  the  seals  affixed  to  said  consent 
was  such  corporate  seal;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he  signed  his 
name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  1 

ss  ° 
COI/NTY  OF  NEW  YORK,  ^ 

On  the  5th  day  of  January,  1905,  before  me  personally  ap- 
peared HENRY  D.  LYMAN.  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  the  City  of  New 
York,  in  the  State  of  New  York ;  that  he  was  the  President  of 
American  Surety  Company  of  New  York,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent; 

359 


Return  of  Contractor's  Deposits 

that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

i  ss  * 

CotfNTY    OF    NEW    YORK,j 

On  the  23d  day  of  December,  1904,  before  me  personally  ap- 
peared WILLIAM  B.  JOYCE,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  the  City  of  New 
York  in  the  State  of  New  York;  that  he  was  the  President  of 
National  Surety  Company  of  New  York,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent ;  that  he 
knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was  af- 
fixed thereto  by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 


360 


Return  of  Contractor's  Deposits 

CONSENT  OF  SURETIES  ON  CONTINUING  BOND. 

The  undersigned  being  the  sureties  of  John  B.  McDon- 
ald, the  contractor  above  named,  and  Interborough  Rapid  Transit 
Company,  upon  the  continuing  bond  in  the  penalty  of  one  million 
dollars  ($1,000,000),  hereby  consent  to  the  making  of  the  fore- 
going agreement,  and  they  severally  agree  that  their  respective 
liability  includes  any  liability  which  would  have  been  covered  by 
the  deposits  mentioned  in  said  agreement,  or  either  of  them,  if 
the  cash  and  securities  constituting  the  same  had  not  been  de- 
livered to  the  Rapid  Transit  Construction  Company,  as  provided 
in  the  said  agreement. 

THE  UNITED  STATES  FIDELITY  AND 

GUARANTY  COMPANY, 

[CORPORATE  By  JOHN  R.  BLAND, 

SEAL.]  President. 

Attest: 

GEO.  R.  CALLIS, 

Secretary. 

FIDELITY  AND  DEPOSIT  COMPANY  OF 
MARYLAND, 

[CORPORATE  By  HENRY  B.  PLATT, 

SEAL.]  Vice-Prest. 

Attest: 

HUGH  M.  ALLWOOD, 

Attorney  in  Fact. 

STATE  OF  NEW  YORK,  1 

t-      * 
COUNTY  OF  NEW 


On  the  2  ist  day  of  December,  1904,  before  me  personally  ap- 
peared JOHN  B.  BRAND,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resided  in  City  of  Baltimore, 
in  the  State  of  Maryland  ;  that  he  was  the  President  of  the  United 
States  Fidelity  and  Guaranty  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company;  that  one  of  the  'seals 
affixed  to  said  consent  was  such  corporate  seal;  that  it  was  af- 


Return  of  Contractor's  Deposits 

fixed  thereto  by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  £ 
COUNTY  OF  NEW  YORK,JSS 

On  the  2ist  day  of  December,  1904,  before  me  personally  ap- 
peared HENRY  B.  PLATT,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  at  the  City  of 
New  York  in  the  State  of  New  York;  that  he  was  the  Vice- 
President  of  Fidelity  and  Deposit  Company  of  Maryland,  one  of 
the  corporations  described  in  and  which  executed  the  foregoing 
consent ;  that  he  knew  the  corporate  seal  of  said  company ;  that 
one  of  the  seals  affixed  to  said  consent  was  such  corporate  seal ; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of 
such  company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 


362 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN    B.    McDONALD,     Contractor 


AND 


INTERBOROUGH   RAPID    TRANSIT  COMPANY 


AGREEMENT 

Modifying    Contract    for    Construction   and    Operation 
of    Rapid    Transit    Railroad 

OUTLET    CHAMBERS    AND    FAN    HOUSES 


Dated,    July    9th,    1906 


Agreement  made  this  9th  day  of  July,  in  the  year  Nine- 
teen hundred  and  six,  between  THE  CITY  OF  NEW  YORK  (herein- 
after called  the  "City"),  acting  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  the  City  of  New  York  (hereinafter 
called  "the  Board"),  party  of  the  first  part,  and  JOHN  B.  MC- 
DONALD, of  the  City  of  New  York  (hereinafter  called  "the  Con- 
tractor"), party  of  the  second  part,  and  INTERBOROUGH  RAPID 
TRANSIT  COMPANY,  a  corporation  organized  and  existing  under 
the  laws  of  the  State  of  New  York  (hereinafter  called  "Inter- 
borough  Company"),  party  of  the  third  part,  WITNESSETH  : 

WHEREAS,  heretofore  and  on  or  about  the  2ist  day  of  February, 
1900,  the  City,  acting  by  the  Board,  entered  into  a  contract  with 
the  Contractor  for  the  construction  and  operation  of  a  Rapid 
Transit  Railroad  in  the  City  of  New  York  and  otherwise,  as 
therein  mentioned,  the  said  contract  for  construction  and  opera- 
tion being  hereinafter  styled  "the  Contract,"  which  contract  has 
been  from  time  to  time  modified  by  certain  other  agreements  be- 
tween the  said  parties  ;  and 

WHEREAS,  the  Contractor  has  deposited  with  the  Comptroller 
of  the  City  certain  security  for  the  performance  of  the  Contract 
on  his  part,  and  has  given  certain  bonds  as  further  security  for 
such  performance  and  upon  such  bonds  there  are  now  sureties 
as  follows:  Rapid  Transit  Subway  Construction  Company,  The 
United  States  Fidelity  and  Guaranty  Company,  The  Empire  State 
Surety  Company,  American  Surety  Company  of  New  York,  Na- 
tional Surety  Company  and  Fidelity  and  Deposit  Company  of 
Maryland;  and 

WHEREAS,  by  written  instruments  bearing  date  the  tenth  day  of 
July,  1902,  th'e  Contractor,  with  the  written  consent  of  the  Board, 
concurred  in  by  six  members  thereof,  duly  assigned  the  right  and 
obligation  to  maintain  and  operate  the  said  Rapid  Transit  Rail- 
road for  the  term  of  years  specified  in  the  Contract  and  all  rights 
included  in  the  leasing  provisions  of  the  Contract,  together  with 
the  obligation  to  provide  equipment  for  the  said  railroad  unto 
Interborough  Company,  which  Company  also  guaranteed  the  per- 
formance by  the  Contractor  of  the  provisions  of  so  much  of  the 
Contract  as  was  not  so  assigned  to  it ;  and 

.  WHEREAS,  it  is  provided  in  the  Contract  that  the  said  Board 
of  Rapid  Transit  Railroad  Commissioners  shall  have  the  right  to 

365 


Outlet   Chambers   and   Fan   Houses 

require  additional  work  to  be  done  or  additional  materials  to  be 
furnished  or  both,  within  the  general  purview  of  a  rapid  transit 
railroad  as  therein  described,  the  reasonable  value  of  which  shall 
be  additionally  paid  to  the  Contractor;  and 

WHEREAS,  the  Contractor  desires,  and  the  Board  approves,  a 
modification  of  the  Contract  in  order  to  provide  for  the  construc- 
tion of  certain  outlet  chambers  and  fan  houses  for  the  purpose 
of  installing  ventilating  appliances  as  hereinafter  more  fully  set 
forth,  and  also  in  order  to  provide  for  vault  light  openings  at 
stations ; 

Now,  THEREFORE,  in  consideration  of  the  premises,  and  subject 
to  the  consents  hereinafter  provided,  it  is  agreed  that  the  said 
Contract  of  February  21  st,  1900,  be  and  the  same  is  hereby  modi- 
fied as  follows : 

In  addition  to  all  other  work  of  construction,  there  shall  be  con- 
structed between  the  Brooklyn  Bridge  and  the  Columbus  Circle 
stations,  fourteen  outlet  chambers,  each  of  which  shall  be  fitted 
with  automatic  louvres  and  one  or  more  ventilating  fans  and 
shall  also  contain  an  emergency  exit  to  the  street.  At  all  the 
now  existing  ventilating  openings  between  the  Columbus  Circle 
and  the  Ninety-sixth  Street  stations,  automatic  louvres  shall  be 
installed ;  and  fan  houses  shall  be  erected  in  the  parkway  over  the 
central  openings  between  each  two  stations  and  one  or  more  ven- 
tilating fans  shall  be  installed  in  each  of  these  fan  houses.  Vault 
light  openings,  covered  with  suitable  gratings,  are  to  be  made  at 
the  several  stations  aggregating  about  6,200  square  feet  of  such 
openings.  All  of  the  said  work  is  to  be  constructed  in  accord- 
ance with  the  general  plans  and  drawings  prepared  and  issued  by 
the  Chief  Engineer  of  the  Board,  copies  of  which  are  hereunto 
annexed  as  a  part  of  this  agreement,  and  which  are  marked  and 
numbered  as  follows,  to  wit : 

Drawing  No.  1650 — Ventilating  chamber  on  Broadway  between 
55th  and  56th  Streets,  West  Side. 

"  1658 — Ventilating  chamber  on  Lafayette  Street  be- 
tween Grand  and  Howard  Streets,  East 
Side. 

"  1648 — Ventilating  chamber  on  4th  Avenue,  Man- 
hattan, between  25th  and  26th  Streets, 
West  Side. 

366 


Outlet   Chambers   and    Fan   Houses 

I )' awing- No.  1653 — Ventilating  chamber  between  2Oth  and  2ist 
Streets. 

1652 — Ventilating  chamber  between  Prince  and  Jer- 
sey Streets. 

1651 — Plans  and  Sections  for  ventilating  chamber 
at  Broadway,  46th  and  47th  Streets. 

"  1649 — Ventilating  chamber — East  Side — of  Sub- 
way on  Lafayette  Street  and  Franklin 
Street. 

"     1657 — Ventilating  chamber  nth  Street. 

1656 — Ventilating  chamber  Lafayette  and  4th 
Streets. 

1655 — Ventilating  chamber  4th  Avenue  and  3ist 
Street. 

T-74 — Plans  and  Sections  for  ventilating  chamber 
at  City  Hall  Park. 

T-83 — City  Hall  Ventilating  Chamber — supplemen- 
tary drawing  showing  changes  at  north 
end. 

T-73 — Revised    ventilating    chamber     for    Bryant 

Park — Plans  and  Sections. 
T-6O, — Proposed  ventilating  chamber  on  west  side  of 

Lafayette  Street  north  of  Duane  Street — 

Plan  and  Sections. 
"     T-6i — Ventilating  chamber  at  Union  Square  Park, 

4th  Avenue  south  of  i6th  Street. 

AND  IT  is  FURTHER  AGREED  that  the  cost  of  constructing  the 
said  outlet  chambers  (including  the  emergency  exits  to  the  streets) 
and  the  said  fan  houses  and  vault  light  openings,  together  with 
all  the  work  incidental  thereto,  including  necessary  changes  to 
present  structure  and  apparatus,  shall  be  deemed  a  part  of  the  cost 
of  constructing  said  Rapid  Transit  Railroad,  and  shall  be  paid  to 
the  Contractor  in  the  manner  provided  in  the  Contract,  in  addition 
to  the  amounts  in  said  Contract  agreed  to  be  paid  unto  said  Con- 
tractor ;  and  such  cost  shall  be  included  in  the  total  cost  of  the 
construction  of  the  said  Railroad  in  determining  the  amount  of 
rental  to  be  paid  under  said  Contract,  in  like  manner  as  if  such 

367 


Outlet   Chambers   and   Pan   Houses 

work  had  been  originally  required  by  or  authorized  in  the  said 

Contract ; 

AND  IT  is  FURTHER  AGREED  that  the  parties  of  the  second  and 
third  parts  shall  pay  the  cost  of  the  installation,  maintenance  and 
operation  of  the  automatic  louvres  and  ventilating  fans  above  re- 
ferred to  and  indicated  on  the  above-mentioned  plans  and  draw- 
ings. 

PROVIDED,  however,  and  it  is  expressly  AGREED,  that  this  agree- 
ment shall  take  effect  if  and  when  and  only  when  the  following 
consents  shall  have  been  duly  had,  to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway  Construc- 
tion Company,  The  United  States  Fidelity  and  Guaranty  Com- 
pany, The  City  Empire  State  Surety  Company,  American  Surety 
Company  of  New  York,  National  Surety  Company  and  Fidelity 
and  Deposit  Company  of  Maryland. 

In  Witness  Whereof  this  contract  has  been  exe- 
cuted for  the  City  of  New  York,  by  its  Board  of  Rapid  Transit 
Railroad  Commissioners,  under  and  by  a  resolution  duly  adopted 
by  said  Board,  concurred  in  by  six  of  its  members,  and  the  seal 
of  the  said  Board  has  been  hereto  affixed  and  these  presents 
signed  by  the  President  and  Secretary  of  the  said  Board,  and  the 
Contractor  has  hereto  set  his  hand  and  seal,  and  Interborough 
Company  has  caused  these  presents  to  be  duly  executed  by  its 
proper  officers  under  its  corporate  seal,  the  day  and  year  first 
above  written. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COM- 
MISSIONERS   FOR    THE    CITY    OF    NEW 
YORK, 
[SEAL.]  by  A.  E.  ORR, 

President. 
BION  L.  BURROWS, 

Secretary. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY. 

AUGUST  BELMONT, 
[SEAL.]  President. 

Attest : 

H.  M.  FISHER, 

Secretary. 
[SEAL.]  JOHN  B.  MCDONALD. 

368 


Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  IS  HEREBY  AP- 
PROVED AS  TO  FORM. 

Dated  New  York,  June        ,  1906. 

JOHN  L.  O'BRIEN, 
Acting  Corporation  Counsel. 
STATE  OF  NEW  YORK, 


ss 
COUNTY  OF  NEW 

On  this  pth  day  of  July,  1906,  before  me  personally  appeared 
ALEXANDER  E.  ORR  and  BION  L.  BURROWS  to  me  known  and 
known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  president,  and 
the  said  Bion  L.  Burrows,  the  secretary  of  the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New  York;  and 
the  said  Alexander  E.  Orr  and  Bion  L.  Burrows,  being-  by  me  duly 
sworn,  did  depose  and  say,  each  for  himself  and  not  one  for  the 
other,  the  said  Alexander  E.  Orr,  that  he  resided  in  the  Borough 
of  Brooklyn,  in  the  said  City,  that  he  was  the  president  of  the  said 
Board  and  that  he  subscribed  his  name  to  the  foregoing  contract 
by  virtue  of  the  authority  thereof  ;  and  the  said  Bion  L.  Burrows, 
that  he  resided  in  the  Borough  of  Brooklyn,  in  the  said  City  of 
New  York,  that  he  was  the  secretary  of  the  said  Board  and  that 
he  subscribed  his  name  thereto  by  like  authority;  and  both  the 
said  Alexander  E.  Orr  and  Bion  L.  Burrows  that  they  knew  the 
seal  of  the  said  Board  and  that  the  same  was  affixed  to  the  fore- 
going instrument  by  the  authority  of  the  said  Board  and  of  a 
resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

[SEAL.]  Notary  Public  for 

Certificate  filed  in  New  York.  Kings  County,  N.  Y. 


STATE  OF  NEW  YORK,  ) 

Vss. : 

'M 


COUNTY  OF  NEW  YORK, 

On  this  26th  day  of  October,  1906,  before  me  personally  ap- 
peared JOHN  B.  MCDONALD,  to  me  known  and  known  to  me  to  be 
the  person  and  Contractor  named  in  and  who  executed  the  fore- 
going contract,  and  acknowledged  to  me  that  he  executed  the 
same. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (42), 

N.  Y.  Co. 

369 


STATE  OF  NEW  YORK,  ) 

*•  ss  * 
COUNTY  OF  NEW  YORK,  ^ 

On  this  23d  day  of  July,  1906,  before  me  personally  appeared 
AUGUST  BELMONT,  to  me  known,  who  being-  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  County  of  Nas- 
sau, in  the  State  of  New  York,  that  he  is  President  of  Inter- 
borough  Rapid  Transit  Company,  the  corporation  described  in 
and  which  executed  the  foregoing  contract;  that  he  knew  the 
corporate  seal  of  said  Company;  that  one  of  the  seals  affixed  to 
said  contract  was  such  corporate  seal;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  said  Company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (42), 

N/Y.  Co. 

The  Undersigned,  being  the  sureties  of  John  B.  McDonald, 
the  contractor  above  mentioned,  upon  the  continuing  bond 
in  the  penalty  of  One  million  dollars  ($1,000,000)  "and  the  bond 
for  construction  and  equipment  in  the  penalty  of  Five  million  dol- 
lars ($5,000,000)  hereby  consent  to  the  making  of  the  foregoing 
instrument. 

Dated  New  York,  July  23rd,  1906. 

RAPID   TRANSIT    SUBWAY   CONSTRUCTION 
COMPANY, 

by  AUGUST  BELMONT, 
[SEAL.]  President. 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

by  CHAS.  O.  SCULL, 
[SEAL.]  Vice-President. 

THE  EMPIRE  STATE  SURETY  COMPANY, 

by  WALTER  J.  MOORE, 

[SEAL.]  4th  Vice-President. 

DANIEL  J.  STEWART, 

Secretary. 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK. 

by  HENRY  C.  WILLCOX, 
[SEAL.]  Vice-President.  , 

370 


NATIONAL  SURETY  COMPANY, 

by  WILLIAM  J.  GRIFFIN, 

[SEAL.]  /  Vice- President. 

Attest : 

SAMUEL  H.  SHRIVER, 

Secretary. 

FIDELITY  AND  DEPOSIT  COMPANY  OF 

MARYLAND, 
(Surety  on  the  continuing  bond  only.) 

by  HENRY  B.  PLATT, 
[SEAL.]  .     Vice-President. 

STATE  OF  NEW  YORK,  ) 

ss.  i 
COUNTY  OF  NEW  YORK,£ 

On  the  23rd  day  of  July,  1906,  before  me  personally  appeared 
AUGUST  BELMONT,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  was  the  President  of  Rapid 
Transit  Subway  Construction  Company,  one  of  the  Corporations 
described  in\and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (42), 

Nc  Y.  Co. 
STATE  OF  MARYLAND,) 

7  I   qs    ' 

CITY   OF  BALTIMORE,  £  , 

On  the  29th  day  of  October,  1906,  before  me  personally  ap- 
peared CHAS.  O.  SCULL,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  Vice-President.  of  the 
United  States  Fidelity  and  Guaranty  Company,  one  of  the  cor- 
porations described  in  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

A.  D.  PATRICK, 
[SEAL.]  Notary  Public. 


Outlet  Chambers   and   Fan  Houses 
STATE  OF  MARYLAND,   BALTIMORE  CITY,  SCT.  :        No.  1184. 

I  hereby  certify  that  A.  D.  Patrick,  Esq.,  before  whom  the  an- 
nexed affidavit  was  made,  and  who  has  thereto  subscribed  his 
name,  was  at  the  time  of  so  doing  a  Notary  Public  of  the  State  of 
Maryland,  in  and  for  the  City  of  Baltimore,  duly  commissioned 
and  sworn  and  authorized  by  law  to  administer  oaths  and  take 
acknowledgments,  or  proofs  of  deeds  to  be  recorded  therein.  I 
further  certify  that  I  am  acquainted  with  the  handwriting  of  the 
said  Notary,  and  verily  believe  the  signature  to  be  his  genuine 
signature. 

In  testimony  whereof,  I  hereto  set  my  hand  and  affix  the  seal 
of  the  Superior  Court  of  Baltimore  City,  the  same  being  a  Court 
of  Record,  this  29th  day  of  October,  1906. 

ROBT.  OGLE, 
[SEAL.]  Clerk  of  the  Superior  Court  of  Baltimore  City. 

STATE  OF  NEW  YORK,  } 

^  ss  * 
COUNTY  OF  NEW  YORK,^ 

On  the  27th  day  of  October,  1906,  before  me  personally  ap- 
peared WALTER  J.  MOORE,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  fourth  Vice-Presi- 
dent  of  The  Empire  State  Surety  Company,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent ;  that 
he  knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (42), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  £ 
COUNTY  OF  NEW 


On  the  27th  day  of  October,  1906,  before  me  personally  ap- 
peared HENRY  C.  WILLCOX,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President 
of  American  Surety  Company  of  New  York,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent ;  that 

372 


Outlet   Chambers   and   Fan   Houses 

he  knew  the  corporate  seal  of  said  company  ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal  ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (42), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

(.  gg    • 

COUNTY  OF  NEW 


On  the  3ist  day  of  October,  1906,  before  me  personally  ap- 
peared WILLIAM  J.  GRIFFIN,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President  of 
National  Surety  Company  of  New  York,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal  ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (42), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

*-  ss  ' 
COUNTY  OF  NEW  YORK,^ 

On  the  3Oth  day  of  October,  1906,  before  me  personally  ap- 
peared HENRY  B.  PLATT,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice-President  of 
Fidelity  and  Deposit  Company  of  Maryland,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent;  that 
he  knew  the  corporate  seal  of  said  company  ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal  ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  Notary  Public  (42), 

N.  Y.  Co. 


373 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN    B.    McDONALD,    Contractor 


AND 


1NTERBOROUGH   RAPID    TRANSIT  COMPANY 


AGREEMENT 

Modifying    Contract    for  Construction   and    Operation 
of    Rapid    Transit    Railroad 


Dated,    November     1st,     1906 


Van    Cortlandt   Park    Extension 

Agreement  made  this  first  day  of  November  in  the  year 
otic  thousand  nine  hundred  and  six,  between  THE  CITY  OF  NEW 
YORK  (hereinafter  called  the  City),  acting-  by  the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New  York  (here- 
inafter called  "the  Board"),  party  of  the  first  part,  and  JOHN  B. 
MCDONALD,  of  the  City  of  New  York  (hereinafter  called  the 
"Contractor"),  and  INTERBOROUGH  RAPID  TRANSIT  COMPANY 
(hereinafter  called  "Interborough  Company"),  parties  of  the  sec- 
ond part. 

WHEREAS,  heretofore  and  on  the  21  st  day  of  February,  1900, 
the  City,  acting  by  the  Board,  entered  into  a  contract  with  the  Con- 
tractor for  the  construction  and  operation  of  a  rapid  transit  rail- 
road in  the  City  of  New  York  (hereinafter  called  "the  Railroad"), 
which  contract  has  since  been  modified  by  certain  agreements  be- 
tween the  parties,,  and  which  contract  as  so  modified  is  hereinafter 
called  "the  Contract;''  and 

WHEREAS,  The  Contractor  has  deposited  with  the  Comptroller 
of  the  City  security  for  the  performance  of  the  said  Contract  for 
Construction  and  Operation  on  his  part  and  has  given  certain 
bonds  as  further  security  for  such  performance  and  upon  such 
bonds  there  are  securities  as  follows :  Rapid  Transit  Subway  Con- 
struction Company,  The  United  States  Fidelity  &  Guaranty  Com- 
pany, Empire  State  Surety  Company  of  New  York,  American 
Surety  Company  of  New  York,  National  Surety  Company  and 
The  Fidelity  and  Deposit  Company  of  Maryland;  and 

WHEREAS,  By  written  instruments  bearing  date  the  tenth  day 
of  July,  1902,  the  Contractor,  with  the  written  consent  of  the 
Board,  concurred  in  by  six  members  thereof,  duly  assigned  the 
right  or  obligation  to  maintain  and  operate  the  said  Rapid  Transit 
Railroad  for  the  term  of  years  specified  in  the  said  contract  and 
all  rights  included  in  the  leasing  provisions  of  the  said  contract, 
together  with  the  obligation  to  provide  equipment  for  the  said 
railroad,  unto  Interborough  Company,  which  Company  also  guar- 
anteed the  performance  by  the  Contractor  of  the  provisions  of  his 
said  contract  not  so  assigned ;  and 

WHEREAS,  it  was  provided  in  the  Contract  that  the  Contractor 
should  construct  and  equip  the  Railroad  upon  the  routes  and 
general  plan  adopted  by  the  Board  by  its  resolutions  of  January 
14  and  February  4,  1897,  an<J  should  put  the  same  in  operation 

377 


Van    Cortlcmdt   Park    Extension 

and  thereafter  use,  maintain  and  operate  the  same  under  a  lease 
thereof  from  the  City ;  and  the  said  routes  as  so  adopted  origi- 
nally provided  that  the  Railroad  should  run  "over  Kingsbridge 
Avenue  or  Broadway,  as  now  proposed,  to  Riverdale  Avenue,  and 
thence  easterly  over  Riverdale  Avenue  to  a  point  within  five  hun- 
dred feet  of  the  present  Kingsbridge  station  of  the  New  York  and 
Putnam  Railroad  Company ;"  and 

WHEREAS,  the  Board  by  resolutions  adopted  May  12,  1905 
(copies  of  which  are  hereto  annexed),  did  modify  the  aforesaid 
routes  and  general  plan  by  adding  thereto  a  branch  or  spur  ex- 
tending from  the  line  of  the  route  on  Broadway  at  or  near  the 
intersection  of  Broadway  with  East  23Oth  Street  (formerly  called 
Riverdale  Avenue),  and  running  thence  northerly  along  and  over 
Broadway  to  a  point  about  288  feet  North  of  242d  Street ;  the 
said  modification  and  change  of  route  to  take  effect  only  upon 
obtaining  the  consent  of  the  Contractor  and  his  sureties,  the  local 
authority  having  control  of  the  said  portion  of  Broadway,  the 
Mayor  of  the  City  of  New  York,  and  the  owners  of  a  majority 
in  value  of  the  property  along  the  said  portion  of  Broadway  or 
in  lieu  thereof  the  determination  of  three  commissioners  to  be 
appointed  by  the  Appellate  Division  of  the  Supreme  Court  duly 
confirmed  by  the  said  Appellate  Division ;  and 

WHEREAS,  the  said  modification  and  change  of  route  was  ap- 
proved, confirmed  and  consented  to  by  the  Board  of  Estimate  and 
Apportionment  (being  the  local  authority  in  control  of  the  said 
portion  of  Broadway)  by  a  resolution  adopted  on  July  14,  1905, 
by  the  Mayor  of  the  City  of  New  York  on  July  26,  1905,  and  by 
the  Appellate  Division  of  the  Supreme  Court  by  an  order  duly 
entered  on  the  i8th  day  of  October  1906;  and 

WHEREAS  the  Contractor  and  Interborough  Company  desire 
and  the  Board  approves  the  construction  of  the  Railroad  from  the 
intersection  of  Broadway  and  East  23Oth  Street  along  the  modi- 
fied route  instead  of  over  and  along  Riverdale  Avenue  (or  East 
23oth  Street)  as  originally  planned 

Now,  THEREFORE.,  THIS  AGREEMENT  wiTNESSETH,  that  in  con- 
sideration of  the  premises  and  subject  to  the  consents  hereinafter 
provided  the  Contract  is  further  modified  in  the  respects  herein- 
after set  forth  and  it  is  hereby  AGREED  AS  FOLLOWS  : 

FIRST  :  The  Contractor  and  Interborough  Company  consent 
that  the  routes  and  general  plan  adopted  January  14  and  February 

378 


/  'an    Cortlandt    Park    Extension 

4,  1897,  shall  be  modified  in  the  manner  set  forth  in  the  resolu- 
tions of  the  Board  adopted  May  I2th,  1905,  copies  of  which  are 
hereto  annexed. 

SECOND:  The  City  and  Board,  upon  the  request  and  with  the 
approval  of  the  Contractor  and  Interborough  Company,  hereby 
require  so  much  of  the  work  and  material  specified  and  provided 
to  be  done  and  furnished  in  said  contract  in  the  construction  of 
the  Railroad  to  be  omitted,  as  consists  in  building  the  said  Rail- 
road from  a  point  at  or  near  the  intersection  of  Broadway  and 
East  23oth  Street  (formerly  called  Riverdale  Avenue),  over  the 
said  Riverdale  Avenue  or  East  23Oth  Street  to  a  point  near  the 
Kingsbridge  Station  of  the  New  York  and  Putnam  Railroad  Com- 
pany. 

THIRD  :  The  City  and  the  Board  upon  the  like  request  and  ap- 
proval hereby  require  such  additional  work  to  be  done  and  such 
additional  material  to  be  furnished  as  may  be  necessary  in  order 
to  construct  the  Railroad  from  the  said  point  at  or  near  the  inter- 
section of  Broadway  and  East  23Oth  Street  northerly  along  and 
over  Broadway  to  a  point  about  two  hundred  and  eighty-eight 
(288)  feet  northerly  from  the  intersection  of  the  centre  line  of 
Broadway  with  the  centre  line  of  242d  Street  produced,  the  said 
last  mentioned  point  being  opposite  to  Van  Cortlandt  Park.  The 
said  portion  of  the  Railroad  shall  be  constructed  in  accordance 
with  the  provisions  of  the  aforesaid  resolutions  of  the  Board 
adopted  May  12,  1905,  and  also  in  accordance  with  the  detailed 
plans  heretofore  prepared  by  the  Board  and  marked  respectively 
"Routes  and  General  Plan,  Extension  to  Van  Cortland  Park. 
Adopted  by  resolution  May  12,  1905,"  and  "Routes  and  General 
Plan,  Typical  Details,  Extension  to  Van  Cortland  Park,  adopted 
by  resolution  May  12,  1905,"  which  said  plans  are  hereunto  an- 
nexed. 

There  shall  be  three  stations  upon  the  above  mentioned  portion 
of  the  Railroad,  as  follows,  viz :  a  station  at  or  near  the  intersec- 
tion of  Broadway  and  2315!  Street,  a  station  at  or  near  the  inter- 
section of  Broadway  and  238th  Street,  and  a  station  at  the  ter- 
minus of  the  Railroad  near  the  entrance  to  Van  Cortlandt  Park. 
There  shall  be  three  tracks  upon  the  said  portion  of  the  Railroad. 

FOURTH  :  The  Contractor  shall  become  entitled  to  additional 
payment  for  such  additional  work  and  materials  as  shall  be  made 
necessary  by  the  charges  herein  provided,  and  the  City  shall  be- 

379 


Van    Cortlandt    Park    Extension 

come  entitled  to  abatement  from  the  contract  price  by  reason  of 
the  diminution  in  work  and  materials  by  reason  of  such  changes, 
the  amounts  of  such  additional  payments  and  such  abatement 
being"  determined  in  the  manner  provided  in  Chap.  II  of  the 
Contract.  The  net  additional  cost  to  the  City  shall  be  included  in 
the  total  cost  of  construction  of  the  Railroad  in  determining  the 
amount  of  rental  to  be  paid  under  the  Contract  in  like  manner  as 
if  the  additional  work  and .  materials  made  necessary  by  the 
changes  herein  provided  had  been  originally  authorized  in  the 
Contract,  it  being  understood  and  agreed  that  in  computing  the 
said  rental  the  interest  actually  paid  by  The  City  on  bonds  here- 
tofore issued  or  that  may  hereafter  be  issued  for  construction, 
shall  be  the  basis  of  the  said  computation  notwithstanding  the  rate 
of  interest  so  paid  may  exceed  three  and  one-half  (3^2)  per  cent., 
the  rate  which  was  limited  by  law  at  the  time  the  Contract  was 
made. 

FIFTH  :  This  Contract  shall  take  effect  if  and  when  and  only 
when  the  following  consents  and  approvals  shall  have  been  duly 
had. 

1.  The  consent  of  the  Board  of  Estimate  and  Apportionment 
of  the  City  of  New  York. 

2.  The  consents  as  subjoined  of 

Rapid  Transit  Subway  Construction  Company, 
United  States  Fidelity  and  Guaranty  Company, 
The  Empire  State  Surety  Company  of  New  York, 
American  Surety  Company  of  New  York, 
National  Surety  Company,  and 
Fidelity  and  Deposit  Company  of  Maryland. 

In  Witness  whereof  this  contract  has  been  executed 
for  the  City  of  New  .York  by  its  Board  of  Rapid  Transit 
Railroad  Commissioners,  under  and  by  resolution  duly  adopted  by 
said  Board  and  concurred  in  by  six  of  its  members,  and  the  seal 
of  the  said  Board  has  been  hereto  affixed  and  these  presents  signed 
by  the  President  and  Secretary  of  the  said  Board,  and  the  said 
John  B.  McDonald  has  hereto  set  his  hand  and  seal,  and  the  said 
Interborough  Rapid  Transit  Company  has  caused  its  corporate 
seal  to  be  hereto  affixed  and  attested  by  its  Secretary,  and  these 

380 


Van    Cortlandt    Park    Extension 

presents  to  be  signed  by  its  President,  all  on  the  day  and  year 
first  above  written. 

INTERHOROUGH  RAPID  TRANSIT  COMPANY, 
[SEAL.]  AUGUST  BELMONT, 

President. 
Attest : 

H.  M.  FISHER, 

Secretary. 
JOHN  B.  MCDONALD      [SEAL.] 

BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS  FOR  THE  CITY  OF 
NEW  YORK, 
[SEAL.]  By  A.  E.  ORR, 

President. 
BION  L.  BURROWS, 
Secretary. 

[NOTE. — The  maps  above  referred  to  are  annexed  to  the  originals 
of  the  Contract.] 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  IS  HEREBY  AP- 
PROVED AS  TO  FORM. 

Dated  New  York,  October  26th,  1906. 

JOHN  L.  O'BRIEN, 

Actg.  Corporation  Counsel. 

STATE  OF  NEW  YORK,  ) 

L  ss   * 

COUNTY  OF  NEW  YORK,J 

On  this  6th  day  of  December,  1906,  before  me  personally  ap- 
peared ALEXANDER  E.  ORR  and  BION  L.  BURROWS,  to  me  known 
and  known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  president, 
and  the  said  Bion  L.  Burrows,  the  secretary  of  the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New  York;  and 
the  said  Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by  me  duly 
sworn,  did  depose  and  say,  each  for  himself  and  not  one  for  the 
other,  the  said  Alexander  E.  Orr,  that  he  resides  in  the  Borough 
of  Brooklyn,  in  the  said  City,  that  he  is  the  president  of  the  said 


Van   Cortlandt  Park   Extension 

Board  and  that  he  subscribed  his  name  to  the  foregoing  contract 
by  virtue  of  the  authority  thereof;  and  the  said  Bion  L.  Bur- 
rows, that  he  resides  in  the  Borough  of  Brooklyn,  in  the  said  City 
of  New  York,  that  he  is  the  secretary  of  the  said  Board  and  that 
he  subscribed  his  name  thereto  by  like  authority;  and  both  the 
said  Alexander  E.  Orr  and  Bion  L.  Burrows  that  they  know  the 
seal  of  the  said  Board  and  that  the  same  was  affixed  to  the  fore- 
going instrument  by  the  authority  of  the  said  Board  and  of  a 
resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

[SEAL.]  Notary  Public  for 

Certificate  filed  in  New  York.  Kings  County,  N.  Y. 

STATE  OF  NEW  YORK.  1 

^  ss  * 
COUNTY  OF  NEW  YORK,J 

On  this  6th  day  of  Deer,  1906,  before  me  personally  ap- 
peared JOHN  B.  MCDONALD,  to  me  known  and  known  to  me  to 
be  the  person  described  in  and  who  executed  the  foregoing  con- 
tract, and  acknowledged  to  me  that  he  executed  the  same. 

HARRY  M.  AUSTIN, 
[SEAL  ]  Notary  Public  in  and 

for  Queens  County. 
Certificate  filed  in  New  York  County. 

STATE  OF  NEW  YORK,  £ 
COUNTY  OF  NEW  YORK,] 

On  this  I2th  day  of  November,  1906,  before  me  personally  ap- 
peared AUGUST  BELMONT  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say,  that  he  resides  in  Hempstead, 
Nassau  Co.,  in  the  State  of  New  York;  that  he  is  the  President 
of  Interborough  Rapid  Transit  Company,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  contract;  that  he 
knows  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  contract  is  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  said  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

CHAS.  W.  SANDFORD, 

[SEAL.]  Notary  Public  No.  38, 

Kings  County. 

Cert,  filed  in  N.  Y.  County. 

382 


Van  Cortlandt  Park   Extension 

CONSENT    OF   SURETIES. 

The  undersigned  being  the  sureties  of  John  B.  McDon- 
ald, the  contractor  above  mentioned,  upon  the  bond  for  construc- 
tion and  equipment  in  the  penalty  of  Five  Million  dollars  ($5,000,- 
ooo),  hereby  consent  to  the  modification  of  the  routes  and  general 
plan  above  referred  to,  and  to  the  making  of  the  foregoing  agree- 
ment. 

Dated  New  York,  November  I2th,  1906. 

RAPID  TRANSIT  CONSTRUCTION  COMPANY, 

By  AUGUST  BELMONT, 
[SEAL  ]  President. 

Attest : 

H.  M.  FISHER, 
Secretary. 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

By  CHAS.  A.  SCULL, 
[SEAL.]  Vice-President. 

Attest : 

ALBERT  H.  BUCK, 

Asst.-Secretary. 

AMERICAN    SURETY    COMPANY    OF    NEW 
YORK, 

By  J.  W.  MASON, 
[SEAL.]  Vice-President. 

Attest : 

E.  F.  WATSON, 

Attorney. 

NATIONAL  SURETY  COMPANY, 

By  WM.  B.  JOYCE, 
[SEAL.]  Prest. 

Attest : 

SAMUEL  H.   SHRIVER, 

Secy. 

383 


Van   Cortlandt  Park   Extension 

EMPIRE  STATE  SURETY  COMPANY, 

By  WALTER  J.  MOORE, 
[SEAL.]  Vice- President. 

Attest : 

;         DANIEL  STEWART, 

Secy. 

STATE  OF  NEW  YORK,   ) 

L  gg_  • 

COUNTY  OF  NEW  YORK,J 

On  the  1 2th  day  of  November,  19x36,  before  me  personally  ap- 
peared AUGUST  BELMONT  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say,  that  he  resides  in  Hempstead, 
Nassau  Co.,  the  State  of  New  York ;  that  he  is  the  President  of 
Rapid  Transit  Subway  Construction  Company,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent ;  that 
he  knows  the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  is  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  said  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

CHAS.  W.  SANDFORD, 

[SEAL.]  Notary  Public  No.  38, 

Kings  County. 

Cert,  filed  in  N.  Y.  County. 

STATE  OF  NEW  YORK.  ) 

*•  ss  * 
COUNTY  OF  NEW  YORK,J 

On  the  nth  day  of  December,  1906,  before  me  personally  ap- 
peared JARVIS  W.  MASON,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  Mount  Vernon, 
Westchester  County,  in  the  State  of  New  York;  that  he  is  the 
Vice-President  of  American  Surety  Company  of  New  York,  one 
of  the  corporations  described  in  and  which  executed  the  fore- 
going consent ;  that  he  knows  the  corporate  seal  of  said  company ; 
that  one  of  the  seals  affixed  to  said  consent  is  such  corporate 
seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  company,  and  that  he  signed  his  name  thereto  by  like 
authority. 

A.  W.  ANDREWS  (42), 

[SEAL.]  Notary  Public, 

N.  Y.  Co, 

384 


Van  Cortlandt  Park  Extension 

STATE  OF  NEW  YORK,  ] 

*-  ss  ' 
COUNTY  OF  NEW  YORK,J 

On  the  1  9th  day  of  December,  1906,  before  me  personally  ap- 
peared WILLIAM  B.  JOYCE,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  Manhattan,  New 
York,  in  the  State  of  New  York;  that  he  is  the  President  of 
National  Surety  Company  of  New  York,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent  ;  that  he 
knows  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  is  such  corporate  seal;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

MARGARETTA  CROOKE, 
[SEAL.]  Notary  Public  No.  35, 

for  Kings  County. 

Certificate  filed  in  New  York,  Queens,  Richmond  and  West- 
chester  Counties. 


STATE  OF  NEW  YORK,  ) 

^  ss  * 
COUNTY  OF  NEW  YORK,J 

On  the  loth  day  of  December,  1906,  before  me  personally  ap- 
peared WALTER  J.  MOORE,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  the  Borough  of 
Manhattan  and  City  of  New  York,  in  the  State  of  New  York; 
that  he  is  the  Vice-President  of  the  Empire  State  Surety  Com- 
pany, one  of  the  corporations  described  in  and  which  executed 
the  foregoing  consent  ;  that  he  knows  the  corporate  seal  of  said 
company;  that  one  of  the  seals  affixed  to  said  consent  is  such 
corporate  seal  ;  that  it  was  affixed  thereto  by  of  der  of  the  Board 
of  Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  authority. 

A.  W.  ANDREWS  (42), 

[SEAL  ]  Notary  Public, 

N.  Y.  Co. 


385 


Van  Cortlandt  Pwk   Extension 

The  undersigned  being  the  sureties  of  John  B.  McDon- 
ald and  Interborough  Rapid  Transit  Company  upon  the  continu- 
ing bond  in  the  penalty  of  One  million  dollars  ($1,000,000)  hereby 
consent  to  the  modification  of  the  routes  and  general  plan  above 
referred  to,  and  to  the  making  of  the  foregoing  agreement. 

Dated,  New  York,  ,  1906. 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

By  CHAS.  O.  SCULL,          [SEAL  ] 

Vice-President. 
Attest : 

ALBERT  H.  BUCK, 

Asst.-Secretary. 

FIDELITY    AND    DEPOSIT    COMPANY    OF 
MARYLAND, 

By  HENRY  B.  PLATT,         [SEAL.] 

Vice-President. 
Attest : 

HUGH  M.  ALL  WOOD, 

Attorney-in-Fact. 

STATE  OF  MARYLAND,) 

^-ss  * 
CITY  OF  BALTIMORE,  ( 

On  the  1 3th  day  of  December,  1906,  before  me  personally  ap- 
peared CHARLES  O.  SCULL,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  Baltimore,  in 
the  State  of  Maryland ;  that  he  is  the  Vice-President,  of  the  United 
States  Fidelity  &  Guaranty  Company,  one  of  the  corporations  de- 
scribed in  and  which  executed  the  two  foregoing  consents;  that 
he  knows  the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  is  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  D.  PATRICK, 
[SEAL.]  Notary  Public. 


386 


Fan   Cortlandt  Park   Extension 

STATE   OF   MARYLAND,    BALTIMORE   CITY,    SCT.  :      No.  1918. 

I,  Robert  Ogle.  Clerk  of  the  Superior  Court  of  Baltimore 
City,  do  hereby  certify,  That  A.  D.  Patrick  Esquire,  before  whom 
the  annexed  acknowledgment  and  affidavit  was  made,  and  who 
has  hereto  subscribed  his  name,  was  at  the  time  of  so  doing,  a 
Notary  Public  of  the  State  of  Maryland,  in  and  for  the  City 
of  Baltimore,  residing  in  said  City  and  State,  duly  commissioned 
and  sworn,  and  authorized  by  law  to  administer  oaths  and  take 
acknowledgments,  or  proof  6f  deeds  to  be  recorded  therein.  I 
further  certify  that  I  am  acquainted  with  the  handwriting  of  the 
said  Notary,  and  verily  believe  the  signature  to  be  his  genuine 
signature. 

In  Testimony  Whereof,  I  hereto  set  my  hand  and 
affix  the  Seal  of  the  Superior  Court  of  Baltimore 
City,  the  same  being  a  Court  of  Record,  this 
1  3th  day  of  December,  1906. 

ROBT.  OGLE, 
[SEAL.]  Clerk  of  the  Superior 

Court  of   Baltimore  City. 


STATE  OF  NEW  YORK,  ) 

*• 

COUNTY  OF  NEW 


On  the  loth  day  of  December,  1906,  before  me  personally  ap- 
peared HENRY  B.  PLATT,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  the  Borough 
of  Manhattan  and  the  City  of  New  York,  in  the  State  of  New 
York;  that  he  is  the  Vice-President  of  Fidelity  and  Deposit 
Company  of  Maryland,  one  of  the  corporations  described  in 
and  which  executed  the  foregoing  consent  ;  that  he  knows  the 
corporate  seal  of  said  company  ;  that  one  of  the  seals  affixed 
to  said  consent  is  such  corporate  seal  ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (42), 

[SEAL.]  Notary  Public, 

N.  Y.  Co. 


387 


Van  Cortlandt  Park  Extension 

RESOLUTIONS  ADOPTED  i2th  MAY,  1905. 
(Van  Cortlandt  Park  Extension.) 

WHEREAS  this  Board  did  on  the  I4th  day  of  January,  1897, 
and  4th  day  of  February,  1897,  adopt  certain  routes  and  gen- 
eral plan  for  a  rapid  transit  railroad  in  the  City  of  New  York; 

AND  WHEREAS  the  said  routes  and  general  plan  were  after- 
ward duly  approved  by  the  Municipal  authorities  of  the  City 
of  New  York  and  were  duly  consented  to  by  Commissioners 
appointed  by  the  Appellate  Division  of  the  Supreme  Court, 
wShich  consent  was  duly  confirmed  by  the  said  Appellate 
Division  in  lieu  of  the  consent  of  the  owners  of  a  majority  in 
value  of  the  property  along  said  routes ; 

AND  WHEREAS  the  said  routes  and  general  plan  were  thereafter 
and  on  or  about  the  2ist  day  of  June,  1900,  amended  by  strik- 
ing from  the  said  routes  the  portion  thereof  beginning  at  a 
point  under  Eleventh  Avenue  eleven  hundred  and  five  (1105) 
feet  north  of  the  centre  line  of  One  hundred  and  ninetieth 
Street  to  the  intersection  of  Broadway  and  Amsterdam  Ave- 
nue, and  by  inserting  in  the  said  routes  a  route  under  and  over 
Eleventh  Avenue  and  private  property  to  Naegle  Avenue,  and 
thence  along  and  over  Naegle  Avenue  and  Amsterdam  Avenue 
to  its  intersection  with  Broadway ; 

AND  WHEREAS  on  or  about  the  2ist  day  of  February,  1900,  the 
City  of  New  York  did  by  this  Board  enter  into  a  certain  con- 
tract with  John  B.  McDonald  for  the  construction  and  opera- 
tion of  the  said  rapid  transit  railroad ; 

AND  WHEREAS  by  agreement  dated  June  2ist,  1900,  the  said 
contract  was  modified  so  as  to  provide  for  the  construction  of 
the  said  portion  of  the  rapid  transit  railway  north  of  One 
hundred  and  ninetieth  Street  upon  the  amended  route  and  the 
said  contract  has  been  also  modified  in  various  other  respects 
by  agreements  between  the  parties ; 

AND  WHEREAS  by  a  written  instrument  bearing  date  the  loth 
day  of  July,  1902,  said  John  B.  McDonald,  with  the  written 
consent  of  this  Board  concurred  in  by  six  members  thereof, 
duly  assigned  the  right  or  obligation  to  maintain  and  operate 


Van  Cortlandt  Park  Extension 

the  said  rapid  transit  railroad  for  the  term  of  years  specified 
in  the  said  contract,  and  all  rights  included  in  the  leasing  pro- 
visions of  the  said  contract,  together  with  the  obligation  to 
provide  equipment  for  the  said  railroad,  unto  Interborough 
Rapid  Transit  Company,  which  Company  also  guaranteed  the 
performance  by  the  said  John  B.  McDonald  as  such  contractor 
of  the  provisions  of  the  said  contract  not  so  assigned  to  it ; 

AND  WHEREAS  it  is  to  the  interest  of  the  City  of  New  York 
and,  in  the  opinion  of  the  said  Interborough  Rapid  Transit 
Company,  it  is  likewise  to  its  interest  that  said  routes  and 
general  plan  should  be  changed  in  the  respects  hereinafter 
mentioned  but  without  other  change  in  the  said  routes  and 
general  plan ; 

NOW,  THEREFORE,  it  IS 

Resolved,  that  subject  to  the  consents  and  approvals  to  be  first 
obtained  as  in  these  resolutions  hereinafter  mentioned,  the  said 
routes  and  general  plan  be  and  they  are  hereby  modified  by 
adding  to  the  said  routes  the  following,  to  wit : 

"And  also  a  branch  or  spur  extending  from  the  line  of 
the  route  aforesaid  on  Broadway  in  the  Borough  of  the 
Bronx  at  or  near  the  intersection  of  Broadway  with  East 
Two  hundred  and  thirtieth  Street  (formerly  called  River- 
dale  Avenue)  ;  and  running  thence  northerly  along  and 
over  Broadway  to  a  point  about  two  hundred  and  eighty- 
eight  feet  (288)  northerly  from  the  intersection  of  the 
centre  line  of  Broadway  with  the  centre  line  of  Two  hun- 
dred and  forty-second  Street  produced,  the  said  point 
being  opposite  to  Van  Cortlandt  Park ;  together  with 
proper  connections  by  necessary  and  suitable  tracks  and 
otherwise  with  the  rapid  transit  railroad  described  in  the 
said  routes  and  general  plan. 

"The  general  plan  of  construction  of  the  portion  of  the 
route  hereby  added  shall  be  by  elevated  structure  of  the 
same  character  and  to  be  constructed  in  the  same  manner 
as  is  hereinbefore  provided  for  the  elevated  portion  of  the 
rapid  transit  railroad  over  and  along  Amsterdam  Avenue, 
Broadway  and  other  streets  north  of  One  hundred  and 
ninetieth  Street.  There  shall  be  at  least  two  parallel 
tracks,  with  the  right  at  any  time  to  add  a  third  track 


Van  Cortlandt  Park  Extension 

in  the  discretion  of  the  Board  of  Rapid  Transit  Railroad 
Commissioners.  The  said  connections  and  tracks  shall  be 
so  constructed  as  to  make  convenient  the  running  of  trains 
without  change  between  the  portions  of  the  said  rapid 
transit  railroad  over  and  along  Broadway  south  of  Two 
hundred  and  thirtieth  Street  and  the  portions  thereof  over 
and  along  Broadway  north  of  Two  hundred  and  thirtieth 
Street  hereby  provided  for.  Stations  and  station  ap- 
proaches may  be  built  at  such  points  along  the  portion  of 
the  route  hereby  added  as  the  Board  of  Rapid  Transit 
Railroad  Commissioners  may  decide." 

In  all  other  respects  the  provisions  of  the  said  general  plan 
of  construction  adopted  January  I4th,  and  February  4th,  1897, 
as  since  amended,  shall  be  applicable  to  the  portion  of  the  route 
hereby  added ;  and  it  is  further 

Resolved,  that  whereas  this  Board  has  duly  made  the  inquest 
and  investigation  necessary  or  proper  in  the  premises  and  has 
determined  that  the  modifications  aforesaid  of  the  said  routes 
and  general  plan  are  necessary  for  the  interests  of  the  public 
and  of  the  City  of  New  York  and  should  be  established  as 
herein  provided,  this  Board  does  hereby  determine  and  estab- 
lish the  said  routes  and  general  plan  as  hereby  modified,  sub- 
ject to  the  consents  and  approvals  to  be  first  obtained  as 
hereinafter  mentioned ;  and  it  is  further 

Resolved,  that  the  said  modifications  of  routes  and  general 
plans  shall  take  effect  only  upon  the  following  consents  and  ap- 
provals thereto  and  after  the  same  are  duly  obtained,  to  wit : 

1.  The  consent  of  the  said  Tnterborough  Rapid  Transit  Com- 
pany and  of  John  B.  McDonald,  contractor,  and  of  his  sureties 
as  follows : 

Rapid  Transit  Subway  Construction  Company, 
United  States  Fidelity  and  Guaranty  Company, 
The  Empire  State  Surety  Company, 
American  Surety  Company  of  New  York, 
National  Surety  Company, 
Fidelity  and  Deposit  Company  of  Maryland. 

2.  The  consent  of  the  local  authorities  of  the  City  of  New 
York  having  the  control  of  the  portions  of  Broadway  in  the 
Borough  of  the  Bronx  above  mentioned. 

390 


Van  Cortlandt  Park  Extension 

3.  The  consent  of  the  Mayor  of  the  City  of  New  York. 

4.  The  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along  that  part  of  Broadway  which  is  included  in 
the  portion  of  the  routes  added  as  aforesaid ;  or,  if  such  con- 
sents cannot  be  obtained,  then  in  lieu  thereof  the  determina- 
tion of  three  commissioners  to  be  appointed  by  the  Appellate 
Division  of  the  Supreme  Court,  duly  confirmed  by  the  said 
Appellate  Division. 


391 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN    B.    McDONALD,   Contractor 


AND 


INTERBOROUGH   RAPID   TRANSIT    COMPANY 


AGREEMENT 

Modifying    Contract   for  Construction   and    Operation 
of    Rapid    Transit    Railroad 

THIRD    AVENUE   AND    149th    STREET 
STATION    ENTRANCE 


Dated    April  5th,  1907 


Third  Avenue  and   149^;  Street  Station  Entrance 

Agreement  made  this  $th  day  of  April,  in  the  year  Nine- 
teen hundred  and  seven,  between  THE  CITY  OF  NEW  YORK  (here- 
inafter called  the  "City"),  acting  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  the  City  of  New  York  (hereinafter 
called  "the  Board"),  party  of  the  first  part,  and  JOHN  B.  MC- 
DONALD, of  the  City  of  New  York  (hereinafter  called  "the  Con- 
tractor"), party  of  the  second  part,  and  INTERBOROUGH  RAPID 
TRANSIT  COMPANY,  a  corporation  organized  and  existing  under 
the  laws  of  the  State  of  New  York  (hereinafter  called  "Inter- 
borough  Company"),  party  of  the  third  part,  WITNESSETH  : 

WHEREAS,  heretofore  and  on  or  about  the  2ist  day  of  February, 
1900,  the  City,  acting  by  the  Board,  entered  into  a  contract 
with  the  Contractor  for  the  construction  and  operation  of  a 
Rapid  Transit  Railroad  in  the  City  of  New  York  and  other- 
wise, as  therein  mentioned,  the  said  contract  for  construction 
and  operation  being  hereinafter  styled  "the  Contract,"  which 
contract  has  been  from  time  to  time  modified  by  certain  other 
agreements  between  the  said  parties ;  and 

WHEREAS,  the  Contractor  has  deposited  with  the  Comptroller 
of  the  City  certain  security  for  the  performance  of  the  Contract 
on  his  part,  and  has  given  certain  bonds  as  further  security  for 
such  performance  and  upon  such  bonds  there  are  now  sureties 
as  follows:  Rapid  Transit  Subway  Construction  Company, 
The  United  States  Fidelity  &  Guaranty  Company,  The  Em- 
pire State  Surety  Company,  American  Surety  Company  of 
New  York,  National  Surety  Company  and  Fidelity  and  De- 
posit Company  of  Maryland  ;  and 

WHEREAS,  by  written  instruments  bearing  date  the  loth  day 
of  July,  1902,  the  Contractor,  with  the  written  consent  of  the 
Board,  concurred  in  by  six  members  thereof,  duly  assigned 
the  right  and  obligation  to  maintain  and  operate  the  said 
Rapid  Transit  Railroad  for  the  term  of  years  specified  in  the 
Contract  and  all  rights  included  in  the  leasing  provisions  of 
the  Contract,  together  with  the  obligation  to  provide  equip- 
ment for  the  said  railroad  unto  Interborough  Company,  which 
Company  also  guaranteed  the  performance  by  the  Contractor 
of  the  provisions  of  so  much  of  the  Contract  as  was  not  so  as- 
signed to  it ;  and 

WHEREAS,  it  is  provided  in  the  Contract  that  the  said  Board  of 
Rapid  Transit  Railroad  Commissioners  shall  have  the  right  to 

395 


Third  Avenue  and   149^;  Street  Station  Entrance 

require  additional  work  to  be  done  or  additional  materials  to 
be  furnished  or  both,  within  the  general  purview  of  a  rapid 
transit  railroad  as  therein  described,  the  reasonable  value  of 
which  shall  be  additionally  paid  to  the  Contractor ;  and 

WHEREAS,  since  the  contract  was  made  and  the  railroad  (in- 
cluding the  station  thereof,  near  the  intersection  of  Third 
Avenue  with  i4Qth  Street  in  the  Borough  of  The  Bronx)  was 
fully  completed,  the  municipal  authorities  have  caused  the 
Third  Avenue  to  be  widened  near  the  intersection  of  I49th 
Street,  and  it  has  therefore  become  necessary  to  construct  a 
new  entrance  to  the  said  station  near  the  southeasterly  corner 
of  Third  Avenue  and  i4Qth  Street,  and  to  make  corresponding 
changes  in  the  approaches  to  the  said  station,  thus  requiring 
additional  work  to  be  done  and  additional  materials  to  be  fur- 
nished; and 

WHEREAS,  the  cost  of  constructing  the  said  station  entrance  and 
making  the  said  changes  in  the  approaches  to  said  station  is 
not  chargeable  to  cost  of  construction  of  the  railroad,  but  is 
properly  a  part  of  the  expense  of  widening  the  Third  Avenue, 
for  which  the  Contractor  and  the  Interborough  Company  are 
not  responsible ;  and 

WHEREAS,  the  Board  desires  and  the  Contractor  approves  a 
modification  of  the  contract  so  as  to  provide  for  constructing 
the  said  new  station  entrance  and  making  the  other  corresponding 
changes  in  the  said  station  in  such  a  manner  as  not  to  inter- 
rupt the  traffic  upon  the  railroad  and  not  to  impair  the 
efficiency  of  the  railroad  or  interfere  with  the  safety  and  com- 
fort of  passengers ; 

Now,  THEREFORE,  in  consideration  of  the  premises  and  subject 
to  the  consents  hereinafter  provided,  IT  is  AGREED  that  the  said 
Contract  of  February  21,  1900  be  and  the  same  is  hereby  modi- 
fied as  follows : 

There  shall  be  constructed  at  and  near  the  southeasterly 
corner  of  Third  Avenue  and  I49th  Street  a  new  station  stair- 
way and  entrance  to  the  rapid  transit  railway  station  at  that 
point  and  all  necessary  work  shall  be  done  and  all  necessary 
materials  furnished  to  make  such  changes  and  alterations  in 
the  said  station  as  may  be  necessary  in  connection  with  the 
said  station  entrance.  The  existing  station  entrance  near  that 

396 


Third  Avenue  and  i^gth  Street  Station  Entrance 

point  shall  be  closed  and  discontinued.  All  of  the  said  work  is 
to  be  constructed  by  the  Contractor  in  accordance  with  the 
plan  or  drawing-  prepared  and  issued  by  the  Chief  Engineer 
of  this  Board,  a  copy  of  which,  is  hereunto  annexed  as  a  part 
of  this  agreement  marked  "Change  of  Stairway  at  S.  E. 
Corner  of  North  Third  Ave.  Station,"  numbered  1716,  dated 
February  28,  1907. 

AND  IT  is  FURTHER  AGREED,  that  the  cost  of  constructing  the 
said  new  station  entrance  and  stairway,  together  with  all  the 
work  incidental  thereto,  including  necessary  changes  to  the 
present  structure,  shall  be  ascertained  and  paid  to  the  Con- 
tractor in  the  manner  provided  in  the  Contract  for  ascertain- 
ing and  paying  for  extra  work  in  addition  to  amounts  in  said 
contract  expressly  agreed  to  be  paid  to  said  Contractor ;  but 
that  the  amounts  so  ascertained  and  paid  for  the  work  pro- 
vided for  in  this  present  agreement  shall  not  be  included  in 
the  cost  of  the  said  railroad  in  determining  the  amount  of 
rental  to  be  paid  under  said  contract. 

PROVIDED,  however,  and  it  is  expressly  AGREED,  that  this  agree- 
ment shall  take  effect  if  and  when  and  only  when  the  follow- 
ing consents  shall  have  been  duly  had,  to  wit: 

1.  The  consent  of  the  Board  of  Estimate  and  Apportion- 
ment of  the  City  of  New  York. 

2.  The  consents  as  subjoined  of  Rapid  Transit  Subway  Con- 
struction Company,  The  United  States  Fidelity  &  Guaranty 
Company,   The    Empire  State    Surety    Company,   American 
Surety  Company  of  New  York,  National  Surety  Company  and 
Fidelity  and  Deposit  Company  of  Maryland. 


In  Witness  whereof,  this  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners,  under  and  by  resolution  duly 
adopted  by  said  Board  and  concurred  in  by  six  of  its  mem- 
bers, and  the  seal  of  the  said  Board  has  been  hereto  affixed 
and  these  presents  signed  by  the  President  and  Secretary  of 
the  said  Board,  and  the  Contractor  has  hereto  set  his  hand 
and  seal,  and  Interborough  Company  has  caused  these  pres- 

397 


Third  Avenue  and   i^Qth  Street  Station  Entrance 

ents  to  be  duly  executed  by  its  proper  officers  under  its  cor- 
porate seal,  the  day  and  year  first  above  written. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COM- 
MISSIONERS   FOR    THE    CITY    OF    NEW 
YORK, 
[SEAL.]  JNO.  H.  STARIN, 

Vice-President. 
BION  L.  BURROWS, 

Secretary. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 

E.  P.  BRYAN, 
[SEAL.]  President. 

Attest: 

H.  M.  FISHER, 

Secretary. 

JOHN  B.  MCDONALD.     [SEAL.] 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  IS  HEREBY  AP- 
PROVED AS  TO  FORM. 

Dated  New  York,  March  26,  1907. 

JOHN  L.  O'BRIEN, 
Actg.  Corporation  Counsel. 

STATE  OF  NEW  YORK,  ) 

t          • 

COUNTY  OF  NEW 


On  this  25th  day  of  April,  1907,  before  me  personally  appeared 
JOHN  H.  STARIN  and  BION  L.  BURROWS,  to  me  known  and  known 
to  me  to  be,  the  said  John  H.  Starin,  the  vice-president,  and 
the  said  Bion  L.  Burrows,  the  secretary  of  the  Board  of 
Rapid  Transit  Railroad  Commissioners  for  the  City  of  New 
York  ;  and  the  said  John  H.  Starin  and  Bion  L.  Burrows,  being 
by  me  duly  sworn,  did  depose  and  say,  each  for  himself  and 
not  one  for  the  other,  the  said  John  H.  Starin,  that  he  resides 
in  the  Borough  of  Manhattan,  in  the  said  City,  that  he  is  the 
vice-president  of  the  said  Board  and  that  he  subscribed  his 
name  to  the  foregoing  contract  by  virtue  of  the  authority 

398 


Third  A-rcnuc  and   i^tyth  Street  Station  Entrance 

thereof;  and  the  said  Bion  L.  Burrows,  that  he  resides  in  the 
Borough  of  Brooklyn,  in  the  said  City  of  New  York,  that  he  is 
the  secretary  of  the  said  Board  and  that  he  subscribed  his 
name  thereto  by  like  authority  ;  and  both  the  said  John  H. 
Starin  and  Bion  L.  Burrows  that  they  know  the  seal  of  the 
said  Board  and  that  the  same  was  affixed  to  the  foregoing 
instrument  by  the  authority  of  the  said  Board  and  of  a  resolu- 
tion duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 
Notary  Public  for  Kings  County,  N.  Y. 

[SEAL.]  Certificate  filed  in  New  York. 

STATE  OF  NEW  YORK,  ) 

>  ss.  ; 
COUNTY  OF  NEW  YORK,}  ~v 

On  this  1  5th  day  of  April,  1907,  before  me  personally  appeared 
JOHN  B.  MCDONALD,  to  me  known  and  known  to  me  to  be  the 
person  and  Contractor  named  in  and  who  executed  the  fore- 
going contract,  and  acknowledged  to  me  that  he  executed  the 
same. 

A.  W.  ANDREWS  (39), 
[SEAL.]  Notary  Public, 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

ss  * 
COUNTY  OF  NEW 


On  this  5th  day  of  April,  1907,  before  me  personally  appeared 
E.  P.  BRYAN,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say,  that  he  resides  in  Bound  Brook,  in  the 
State  of  New  Jersey,  that  he  is  President  of  Interborough 
Rapid  Transit  Company,  the  corporation  described  in  and 
which  executed  the  foregoing  contract  ;  that  he  knows  the  cor- 
porate seal  of  said  Company  ;  that  one  of  the  seals  affixed  to 
said  contract  is  such  corporate  seal  ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  said  Company,  and  that 
he  signed  his  name  thereto  by  like  authority. 

THOMAS  GEREHART, 
Notary  Public,  Kings  Co.,  No.  no, 
[SEAL.]  Certificate  filed  in  N.  Y.  Co. 


399 


Third  A-rcnuc  and   149/7?  Street  Station  Entrance 

CONSENT    OF   SURETIES. 

The  undersigned  being  the  sureties  of  John  B.  McDon- 
ald, the  contractor  above  mentioned,  upon  the  bond  for 
construction  and  equipment  in  the  penalty  of  Five  million 
dollars  ($5,000,000),  hereby  consent  to  the  making  of  the  fore- 
going agreement. 

Dated  New  York,  April  5th,  1907. 

RAPID   TRANSIT   SUBWAY   CONSTRUCTION 
COMPANY, 

by  E.  P.  BRYAN, 
[SEAL.]  Prest. 

Attest : 

H.  M.  FISHER, 

Secretary. 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

by  RICHD.  D.  LANG, 
[SEAL.]  Vice-Pres. 

Attest : 

ALBERT  H.  BUCK, 

Asst.  Secy. 

THE  EMPIRE  STATE  SURETY  COMPANY, 

by  WALTER  J.  MOORE, 
[SEAL.]  Vice-President. 

Attest: 

CLARENCE  C.  JENKINS, 

Asst.  Secy. 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 

by  J.  W.  MASON, 
[SEAL.]  Vice-President. 

Attest: 

E.  F.  WATSON, 

Attorney. 

400 


Third  Arennc  and   149^/2  Street  Station  Entrance 

NATIONAL  SURETY  COMPANY, 

by  BALLARD  McCALL, 
[SEAL.]  2d  Vice-Pres. 

Attest : 

SAMUEL  H.  SHRIVER, 

« 

Secy. 
STATE  OF  NEW  YORK,  ) 

L.    cc    * 

COUNTY  OF  NEW  YORK,£ 

On  the  5th  day  of  April,  1907,  before  me  personally  appeared 
E.  P.  BRYAN,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say.  that  he  resides  in  Bound  Brook,  the  State 
of  New  Jersey;  that  he  is  the  President  of  Rapid  Transit 
Subway  Construction  Company,  one  of  the  corporations  de- 
scribed in  and  which  executed  the  foregoing  contract ;  that  he 
knows  the  corporate  seal  of  said  company;  that  one  of  the 
seals  affixed  to  said  consent  is  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  said 
company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

THOMAS  GEREHART, 
Notary  Public  Kings  Co.,  No.  no, 

[SEAL.]  Certificate  filed  in  N.  Y.  Co. 

STATE  OF  MARYLAND,  } 
CITY  OF  BALTIMORE^ 

On  the  i /th  day  of  April,  1907,  before  me  personally  appeared 
RICHARD  D.  LANG,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resides  in  Baltimore  in  the 
State  of  Maryland;  that  he  is  the  vice-president  of  the  United 
States  Fidelity  and  Guaranty  Company,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent ; 
that  he  knows  the  corporate  seal  of  said  company ;  that  one 
of  the  seals  affixed  to  said  consent  is  .such  corporate  seal; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  company,  and  that  he  signed  his  name  thereto  by  like 
authority. 

,  A.  D.  PATRICK, 

Notary  Public.     [SEAL.] 

[Certificate  of  the  Clerk  of  the  Superior  Court  of  Baltimore  City 
attached.] 

401 


Third  Arcnuc  and   149^?  Street  Station  Entrance 

STATE  OF  NEW  YORK,  ) 

ss  ' 
COUNTY  OF  NEW  YORK,  j 

On  the  1  5th  day  of  April,  1907,  before  me  personally  appeared 
WALTER  J.  MOORE,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resides  in  the  Borough  of 
Manhattan  and  City  of  New  York  in  the  State  of  New  York; 
that  he  is  the  vice-president  of  the  Empire  State  Surety  Com- 
pany, one  of  the  corporations  described  in  and  which  executed 
the  foregoing  consent  ;  that  he  knows  the  corporate  seal  of 
said  company;  that  one  of  the  seals  affixed  to  said  consent  is 
such  corporate  seal;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 

[SEAL.]  Notary  Public, 

N.  Y.  Co. 

STATE  OF  NEW  YORK.  ) 

* 
COUNTY  OF  NEW 


On  the  i6th  day  of  April,  1907,  before  me  personally  appeared 
JARVIS  W.  MASON,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  -and  say  that  he  resides  at  Mount  Vernon, 
New  York,  and  is  the  Vice-President  of  American  Surety 
Company  of  New  York,  one  of  the  corporations  described  in 
and  which  executed  the  foregoing  consent;  that  he  knows  the 
corporate  seal  of  said  company  ;  that  one  of  the  seals  affixed  to 
said  consent  is  such  corporate  seal  ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and  that 
he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 
[SEAL.]  Notary  Public, 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

ss  °  •  •     -    • 

COUNTY  OF  NEW  YORK,^ 

On  the  i8th  day  of  April,  1907,  before  me  personally  appeared 
BALLARD  McCALL,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resides  in  City  of  New  York 
in  the  State  of  New  York  ;  that  he  is  the  2d  Vice-President  of 
National  Surety  Company  of  New  York,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  consent  ; 

402 


Third  Arcnnc  and   149^/2  Street  Station  Entrance 

that  he  knows  the  corporate  seal  of  said  company;  that  one* 
of  the  seals  affixed  to  said  consent  is  such  corporate  seal ;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of 
such  company,  and  that  he  signed  his  name  thereto  by  like 
authority. 

R.  W.  MYERS, 

Notary  Public,  No.  85,  for  Kings  County, 
[SEAL.]  Certificate  filed  in  New  York, 

Queens  and  Westchester  Counties. 

The    undersigned    being    the   sureties    of   John    B.    McDon- 
ald and  Interborough  Rapid  Transit  Company  upon  the  continu- 
ing bond  in  the  penalty  of  One  million  dollars  ($1,000,000)  here- 
by consent  to  the  making  of  the  foregoing  agreement. 
Dated,  New  York,  April  5th,  1907. 

THE  UNITED  STATES  FIDELITY  AND 
GUARANTY  COMPANY, 

By  RICHD.  D.  LANG, 
[SEAL.]  Vice-Pres. 

Attest : 

ALBERT  H.  BUCK, 

Asst.-Secy. 

FIDELITY  AND  DEPOSIT  COMPANY  OF 
MARYLAND, 

By  HENRY  B.  PLATT, 
[SEAL.]  Vice-President. 

Attest : 

HUGH  M.  ALL  WOOD, 

Attorney  in  fact. 

STATE  OF  MARYLAND,) 

*•  ss  * 
CITY   OF  BALTIMORE,^ 

On  the  1 7th  day  of  April,  1907,  before  me  personally  appeared 
Richard  D.  Lang,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say  that  he  resides  in  Baltimore  in  the  State  of 
Maryland;  that  he  is  the  vice-president  of  the  United  States  Fi- 
delity &  Guaranty  Company,  one  of  the  corporations  described 
in  and  which  executed  the  foregoing  consent ;  that  he  knows  the 
corporate  seal  of  said  Company ;  that  one  of  the  seals  affixed  to 

403 


Third  Arcane  and   149^/2  Street  Station  Entrance 

said  consent  is  such  corporate  seal ;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  D.  PATRICK, 
Notary  Public.     [SEAL.] 

STATIC  OF  MAKYLA.\I>,   BALTIMORE  CITY,  SCT.  :  No.  854. 

I,  Robert  Ogle,  Clerk  of  the  Superior  Court  of  Baltimore 
City,  do  hereby  certify,  That  A.  D.  Patrick  Esquire,  before  whom 
the  annexed  acknowledgment  and  affidavit  was  made,  and  who 
has  thereto  subscribed  his  name,  was  at  the  time  of  so  doing,  a 
Notary  Public  of  the  State  of  Maryland,  in  and  for  the  City 
of  Baltimore,  residing  in  said  City  and  State,  duly  commissioned 
and  sworn,  and  authorized  by  law  to  administer  oaths  and  take 
acknowledgments,  or  proof  of  deeds  to  be  recorded  therein.  I 
further  certify  that  I  am  acquainted  with  the  handwriting  of  the 
said  Notary,  and  verily  believe  the  signature  to  be  his  genuine 
signature. 

In  Testimony  Whereof,  I   hereto   set  my  hand  and 
affix  the  Seal  of  the  Superior  Court  of  Baltimore 
City,  the  same  being  a   Court   of  Record,   this 
1 7th  day  of  April,  1907. 
ROBT.  OGLE,    , 
[SEM,.]  Clerk  of  the  Superior 

Court   of  Baltimore  ''City. 

STATE  OF  NEW  YORK,  ) 

ss  * 
COTXNTY  or  NEW  YORK,^ 

On  the  i6th  day  of  April,  1907,  before  me  personally  appeared 
Henry  B.  Platt,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say  that  he  resides  in  the  Borough  of  Manhattan 
and  City  of  New  York  in  the  State  of  New  York ;  that  he  is  the 
Vice-President  of  Fidelity  and  Deposit  Company  of  Maryland, 
one  of  the  corporations  described  in  and  which  executed  the  fore- 
going consent ;  that  he  knows  the  corporate  seal  of  said  company ; 
that  one  of  the  seals  affixed  to  said  consent  is  such  corporate  seal ; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of 
such  company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

A.  W.  ANDREWS 

[SEAL.]  Notary  Public  (39) 

N   Y   Co 
404 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN    B.    McDONALD,     Contractor 


AND 


INTERBOROUGH   RAPID   TRANSIT   COMPANY 


AGREEMENT 

Modifying    Contract    for   Construction   and    Operation 
of    Rapid    Transit    Railroad 

EXTRA    WORK    FOR    VENTILATING 
AND    COOLING. 


Dated,    June    27,     1907. 


Ventilating  andt  Cooling 

Agreement  made  this  27th  day  of  June,  in  the  year  nine- 
teen hundred  and  seven,  between  The  City  of  Ne\v  York  (herein- 
after called  the  "City"),  acting  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  The  City  of  New  York  (hereinafter 
called  "the  Board"),  party  of  the  first  part,  and  John  B.  McDon- 
ald, of  The  City  of  New  York  (hereinafter  called  "the  Contrac- 
tor"), party  of  the  second  part,  and  Interborough  Rapid  Transit 
Company,  a  corporation  organized  and  existing  under  the  laws 
of  the  State  of  New  York  (hereinafter  called  "Interborough  Com- 
pany"), party  of  the  third  part,  witnesseth : 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of  Feb- 
ruary, 1900,  the  City,  acting  by  the  Board,  entered  into  a  contract 
with  the  Contractor  for  the  construction  and  operation  of  a  rapid 
transit  railroad  in  The  City  of  New  York  and  otherwise,  as  there- 
in mentioned,  the  said  contract  for  construction  and  operation 
being  hereinafter  styled  "the  Contract,"  which  Contract  has  been 
from  time  to  time  modified  by  certain  other  agreements  between 
the  said  parties;  and 

WHEREAS,  The  Contractor  has  deposited  with  the  Comptroller 
of  'the  City  certain  security  for  the  performance  of  the  Contract 
oh  his  part,  and  has  given  certain  bonds  as  further  security  for 
such  performance,  and  upon  such  bonds  there  are  now  sureties 
as  follows :  Rapid  Transit  Subway  Construction  Company,  the 
United  States  Fidelity  and  Guaranty  Company,  the  City  Trust 
Safe  Deposit  and  Surety  Company  of  Philadelphia,  American 
Surety  Company  of  New  York,  National  Surety  Company  and 
Fidelity  and  Deposit  Company  of  Maryland ;  and 

WHEREAS,  By  written  instruments  bearing  date  the  loth  day 
of  July,  1902,  the  Contractor,  with  the  written  consent  of  the 
Board,  concurred  in  by  six  members  thereof,  duly  assigned  the 
right  and  obligation  to  maintain  and  operate  the  said  rapid  tran- 
sit railroad  for  the  term  of  years  specified  in  the  Contract,  and  all 
rights  included  in  the  leasing  provisions  of  the  Contract,  together 
with  the  obligation  to  provide  equipment  for  the  said  railroad  unto 
Interborough  Company,  which  Company  also  guaranteed  the  per- 
formance by  the  Contractor  of  the  provisions  of  so  much  of  the 
Contract  as  was  not  assigned  to  it ;  and 

WHEREAS,  It  is  provided  in  the  Contract  that  the  said  Board  of 
Rapid  Transit  Railroad  Commissioners  shall  have  the  right  to 
require  additional  work  to  be  done  or  additional  materials  to  be 

407 


Ventilating  and   Cooling 

furnished,  or  both,  within  the  general  purview  of  a  rapid  transit 

railroad  as  therein  described,  the  reasonable  value  of  which  shall 
be  additionally  paid  to  the  Contractor ;  and 

WHEREAS,  The  Contractor  desires,  and  the  Board  approves,  a 
modification  of  the  Contract  in  order  to  provide  for  the  construc- 
tion of  certain  vault  light  openings : 

Now,  THEREFORE,  in  consideration  of  the  premises,  and  subject 
to  the  consents  hereinafter  provided,  IT  is  AGREED  that  the  said 
Contract  of  February  21,  1900,  be  and  the  same  is  hereby  modi- 
fied as  follows : 

In  addition  to  all  other  work  of  construction,  there  shall  be 
constructed  vault  light  openings,  covered  with  suitable  gratings, 
at  the  several  stations  between  93rd  and  i68th  streets  with  the 
exception  of  the  station  at  Manhattan  street  and  at  the  storage 
yard  at  Broadway  between  I39th  and  I43rd  streets.  All  of  the 
said  work  is  to  be  constructed  in  accordance  with  the  general  plans 
and  drawings  prepared  and  issued  by  the  Chief  Engineer  of  the 
Board,  copies  of  "which  are  hereunto  annexed  as  a  part  of  this 
agreement,  and  which  are  marked  and  numbered  as  follows,  to 
wit:  • 

Drawing  No.  1-159 — Typical  Details  of  Sidewalk  Gratings  and 
Frames. 

Drawing  No.  1-138 — Sketch  showing  Vault,  Light  and  Grat- 
ing Areas  at  Stations  iO3d,  Cathedral  Parkway,  Columbia  Uni- 
versity, 1 37th,  I45th  and  I57th  streets  on  Broadway. 

Drawing  No.  1-269 — Plan  and  Sections  of  Grating  over  Stor- 
age Yard  at  Broadway,  1 39th- 1 43d  streets. 

AND  IT  is  FURTHER  AGREED  that  the  cost  of  constructing  the 
said  vault  light  openings,  together  with  all  the  work  incidental 
thereto,  including  necessary  changes  to  present  structure  and 
apparatus,  shall  be  deemed  a  part  of  the  cost  of  constructing  said 
rapid  transit  railroad,  and  shall  be  paid  to  the  Contractor  in  the 
manner  provided  in  the  Contract,  in  addition  to  the  amounts  in 
said  Contract  agreed  to  be  paid  unto  said  Contractor ;  and  such 
cost  shall  be  included  in  the  total  c6st  of  the  construction  of  the 
said  railroad  in  determining  the  amount  of  rental  to  be  paid  under 
said  Contract,  in  like  manner  as  if  such  work  had  been  originally 
required  by  or  authorized  in  the  said  Contract ; 

408 


/  'cntilating   and   Cooling 

PROVIDED,  however,  and  it  is  expressly  agreed,  that  this  agree- 
ment shall  take  effect  if  and  when  and  only  when  the  following 
consents  shall  have  been  duly  had,  to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway  Construc- 
tion Company,  the  United  States  Fidelity  and  Guaranty  Company, 
the  City  Trust,  Safe  Deposit  and  Surety  Company  of  Philadelphia, 
American  Surety  Company  of  New  York,  National  Surety  Com- 
pany and  Fidelity  and  Deposit  Company  of  Maryland. 

In  witness  whereof,  this  contract  has  been  exe- 
cuted for  The  City  of  New  York  by  its  Board  of  Rapid  Transit 
Railroad  Commissioners,  under  and  by  a  resolution  duly  adopted 
by  said  Board,  concurred  in  by  six  of  its  members,  and  the  seal 
of  the  said  Board  has  been  hereto  affixed  and  these  presents 
signed  by  the  President  and  Secretary  of  the  said  Board,  and  the 
Contractor  has  hereto  set  his  hand  and  seal,  and  Interborough 
Company  has  caused  these  presents  to  be  duly  executed  by  its 
proper  officers  under  its  corporate  seal,  the  day  and  year  first 
above  written. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COM- 
MISSIONERS FOR  THE  CITY  OF  NEW 
YORK, 

A.  E.  ORR, 

President. 
[SEAL  RAPID 
TRANSIT  BOARD.] 

BION  L.  BURROWS, 
Secretary. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 
[SEAL.]  E.  P.  BRYAN, 

President. 
Attest : 

H.  M.  FISHER, 

Secretary. 

JOHN  B.  MCDONALD. 

[SEAL.] 
Approved : 

ALFRED  A.  GARDNER, 

General  Solicitor. 


409 


Ventilating   and   Cooling 

APPROVAL  BY  CORPORATION  COUNSEL. 
The  foregoing  contract  is  hereby  approved  as  to  form. 
Dated  New  York,  June          ,  1907. 

JOHN  L.  O'BRIEN 
Actg.  Corporation  Counsel. 


COUNTY  OF  NEW  YORK,  ^ 

On  this  28th  day  of  June,  1907,  before  me  personally  appeared 
ALEXANDER  E.  ORR  and  BION  L.  BURROWS,  to  me  known  and 
known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  president,  and 
the  said  Bion  L.  Burrows,  the  secretary  of  the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New  York  ;  and 
the  said  Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by  me  duly 
sworn,  did  depose  and  say,  each  for  himself  and  not  one  for  the 
other,  the  said  Alexander  E.  Orr,  that  he  resides  in  the  Borough  of 
Brooklyn,  in  the  said  city,  that  he  is  the  president  of  the  said 
Board  and  that  he  subscribed  his  name  to  the  foregoing  contract  by 
virtue  of  the  authority  thereof  ;  and  the  said  Bion  L.  Burrows,  that 
he  resides  in  the  Borough  of  Brooklyn,  in  the  said  City  of  New 
York,  that  he  is  the  secretary  of  the  said  Board  and  that  he  sub- 
scribed his  name  thereto  by  like  authority;  and  both  the  said 
Alexander  E.  Orr  and  Bion  L.  Burrows  that  they  know  the  seal 
of  the  said  Board  and  that  the  same  was  affixed  to  the  foregoing 
instrument  by  the  authority  of  the  said  Board  and  of  a  resolution 
duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 
[NOTARIAL  Notary  Public  for  Kings  County,  N.  Y. 

SEAL.]  Certificate  filed  in  New  York. 

STATE  OF  NEW  YORK.  ) 

ss  ' 
CITY  AND  COUNTY  OF  NEW 


On  the  I3th  day  of  January,  1908,  before  me  personally  ap- 
peared JOHN  B.  MCDONALD,  to  me  known  and  known  to  me  to 
l)e  the  person  and  contractor  named  in  and  who  executed  the 
foregoing  contract,  and  acknowledged  to  me  that  he  executed  tire 
same. 

J.  TUFTON  MASON, 

Commissioner  of  Deeds, 
[SEAL.]  New  York  City. 

410 


Ventilating  and  Cooling 

STATE  OF  NEW  YORK,         ) 

ss  * 
CITY  &  COUNTY  OF  NEW  YORK,  ^ 

( )n  this  9th  day  of  January,  1908,  before  me  personally  ap- 
peared E.  P.  BRYAN,  to  me  known,  who,  being-  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resides  in  Bound  Brook,  in  the 
State  of  New  Jersey ;  that  he  is  the  President  of  Interborough 
Rapid  Transit  Company,  the  corporation  described  in  and  which 
executed  the  foregoing-  contract ;  that  he  knows  the  corporate  seal 
of  said  Company ;  that  one  of  the  seals  affixed  to  said  contract  is 
such  corporate  seal;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  said  Company,  and  that  he  signed  his  name 
thereto  by  like  authority. 

J.  TUFTON  MASON, 

Commissioner   of  Deeds, 
[SEAL.]  New  York  City. 


411 


Ventilating  and  Cooling 

CONSENT  OF  SURETIES. 

THE  UNDERSIGNED  being  the  sureties  of  John  B.  McDonald,  the 
contractor  above  mentioned,  upon  the  bond  for  construction  and 
equipment  in  the  penalty  of  Five  million   dollars    ($5,000,000), 
hereby  consent  to  the  making-  of  the  foregoing  agreement. 
Dated  New  York,  January  9th,  1908. 

RAPID   TRANSIT   SUBWAY   CONSTRUCTION 
COMPANY, 

E.  P.  BRYAN, 
[SEAL.] 

Attest : 

H.  M.  FISHER, 

Secretary. 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

RICHD.  D.  LANG, 

[SEAL.]  Vice-President. 

Attest : 

ALBERT  H.  BUCK, 

Asst.   Secretary. 

THE  EMPIRE  STATE  SURETY  COMPANY, 

WALTER  J.  MOORE, 
[SEAL.]  Vice-President 

Attest : 

DANIEL  STEWART, 

Secretary. 

AMERICAN  SURETY  COMPANY  OF  NEW 
YORK, 

WALTER  S.  JOHNSTON, 

[SEAL.]  Vice-President. 

Attest: 

C.    E.    MlLLEN, 

Asst.    Secretary. 

NATIONAL  SURETY  COMPANY, 
SAMUEL  H.   SHRIVER, 
[SEAL.]  V.  P. 

Attest : 
LEONARD  DAM  MAN, 

Asst.  Secy. 

412 


Ventilating  and  Cooling 
STATE  OF   NEW   YORK,         ) 

SS«  ! 

CITY  &  COUNTY  OF  NEW 


On  the  Qth  day  of  January,  1908,  before  me  personally  appeared 
E.  P.  BRYAN,  to  me  known,  who  being  by  me  first  duly  sworn,  did 
depose  and  say,  that  he  resides  in  Bound  Brook,  the  State  of  New 
Jersey;  that  he  is  the  President  of  Rapid  Transit  Subway  Con- 
struction Company,  one  of  the  corporations  described  in  and 
which  executed  the  foregoing  contract  ;  that  he  knows  the  cor- 
porate seal  of  said  company  ;  that  one  of  the  seals  affixed  to  said 
consent  is  such  corporate  seal  ;  that  it  was  affixed  thereto  by  order 
of  the  Board  of  Directors  of  said  company,  and  that  he  signed 
his  name  thereto  by  like  authority. 

% 

J.  TUFTON  MASON, 

Commissioner    of    Deeds, 
[SEAL.]  ,  New  York  City. 

STATE  OF  MARYLAND,) 

*• 

CITY  OF  BALTIMORE,  j 

On  the  nth  day  of  February,  1908,  before  me  personally  ap- 
peared Richard  D.  Lang,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  Baltimore,  in 
the  State  of  Maryland  ;  that  he  is  the  Vice-President  of  the  United 
States  Fidelity  and  Guaranty  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing-  consent,  that  he 
knows  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  is  such  corporate  seal;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  ho  signed  his  name  thereto  by  like  authority. 

A.  D.  PATRICK, 

[SEAL.]  Notary  Public. 

STATE  OK  MARYLAND,   BALTIMORE  CITY,  SCT.  :  No.   447. 

I,  STEPHEN  C.  LITTLE,  clerk  of  the  Superior  Court  of  Balti- 
more City,  do  hereby  certify.  That  A.  D.  Patrick,  Esquire,  be- 
fore whom  the  annexed  acknowledgment  and  affidavit  were 
made,  and  who  has  thereto  subscribed  his  name,  was  at  the  time 
of  so  doing,  a  Notary  Public  of  the  State  of  Maryland,  in  and 
for  the  City  of  Baltimore,  residing  in  said  City  and  State,  duly 

413 


Ventilating  and  Cooling 

commissioned  and  sworn,  and  authorized  by  law  to  administer 
oaths  and  take  acknowledgments,  or  proofs  of  deeds  to  be  re- 
corded therein.  I  further  certify  that  I  am  acquainted  with  the 
handwriting1  of  said  Notary  and  verily  believe  the  signature  to 
be  his  genuine  signature. 

In  Testimony  Whereof,  I  hereto  set  my  hand  and  affix  the 
seal  of  the  Superior  Court  of  Baltimore  City,  the  same  being  a 
Court  of  Record,  this  nth  day  of  February,  1908. 

[SEAL]  STEPHEN  C.  LITTLE, 

Clerk  of  the  Superior 
Court  of  Baltimore  City, 


STATE  OF  NEW  YORK, 
CITY  &  COUNTY   OF   NEW 


v 

On  the  7th  day  of  February,  1908,  before  me  personally  appeared 
Walter  J.  Moore,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say  that  he  resides  in  the  Borough  of  Manhattan 
and  City  of  New  York,  in  the  State  of  New  York,  that  he  is  the 
Vice-President  of  the  Empire  State  Surety  Company,  one  of  the 
corporations  described  in  and  which  executed  the  foregoing  con- 
sent ;  that  he  knows  the  corporate  seal  of  said  company ;  that  one 
of  the  seals  affixed  to  said  consent  is  such  corporate  seal ;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

[SEAL]  J.  TUFTON  MASON, 

Commissioner  of  Deeds, 

New  York  City. 


STATE  OF  NEW  YORK, 
CITY  &  COUNTY   OF   NEW 


On  the  loth  day  of  February,  1908,  before  me  personally  ap- 
peared Walter  S.  Johnston,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  the  City  of  New 
York,  and  is  the  Vice-President  of  American  Surety  Company  of 
New  York,  one  of  the  corporations  described  in  and  which  exe- 
cuted the  foregoing  consent  ;  that  he  knows  the  corporate  seal  of 
said  company  ;  that  one  of  the  seals  affixed  to  said  consent  is  such 

414 


Ventilating  and  Cooling 

corporate  seal  ;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  company,  and  that  he  signed  his  name  thereto 
by  like  authority. 

[SEAL]  J.  TUFTON  MASON, 

Commissioner  of  Deeds, 

New  York  City. 
STATE  OF  NEW  YORK.  ) 

CITY   &   COUNTY   OF   NEW 


On  the  7th  day  of  February,  1908,  before  me  personally  ap- 
peared Samuel  H.  Shriver,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  City  of  New 
York  in  the  State  of  New  York  ;  that  he  is  the  Vice-President  of 
National  Surety  Company  of  New  York,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent,  that  he 
knows  the  corporate  seal  of  said  company  ;  that  one  of  the  seals 
affixed  to  said  consent  is  such  corporate  seal;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

[SEAL]  J.  TUFTON  MASON, 

Commissioner  of  Deeds, 

New  York  City. 

THE  UNDERSIGNED  being  the  sureties  of  John  B.  McDonald 
and  Interborough  Rapid  Transit  Company  upon  the  continuing 
bond  in  the  penalty  of  One  million  dollars  ($1,000,000)  hereby 
consent  to  the  making  of  the  foregoing  agreement. 

Dated  New  York,  February  7,  1908. 

THE  UNITED  STATES  FIDELITY  AND  GUARANTY  COMPANY, 
[SEAL]  RICHD.  D.  LANG, 

Vice-President. 
Attest  : 

ALBERT  H.  BUCK, 

Assistant  Secretary. 

FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND, 
[SEAL.]  THOS.  A.  WHELAN, 

Vice-President. 
Attest  : 

HUGH  M.  ALL  WOOD, 

Acting  Secretary. 


415 


Ventilating  and  Cooling 

STATE  OF  MARYLAND.  ) 

>  ss  ' 
CITY  OF  BALTIMORE,  j 

On  the  nth  day  of  February,  1908,  before  me  personally  ap- 
peared Richard  D.  Lang,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  Baltimore,  in 
the  State  of  Maryland ;  that  he  is  the  Vice-President  of  the 
United  States  Fidelity  and  Guaranty  Company,  one  of  the  cor- 
porations described  in  and  which  executed  the  foregoing  consent : 
that  he  knows  the  corporate  seal  of  said  Company ;  that  one  of 
the  seals  affixed  to  said  consent  is  such  corporate  seal ;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

A.  D.  PATRICK, 
[SEAL.]  Notary  Public. 


'STATE  OF  MARYLAND,  BALTIMORE  CITY,  SCT.  :  No.  448. 

I,  Stephen  C.  Little,  Clerk  of  the  Superior  Court  of  Baltimore 
City,  do  hereby  certify : 

That  A.  D.  Patrick,  Esquire,  before  whom  the  annexed  ac- 
knowledgment and  affidavit  were  made,  and  who  has  thereto  sub- 
scribed his  name,  was  at  the  time  of  so  doing,  a  Notary  Public  of 
the  State  of  Maryland,  in  and  for  the  City  of  Baltimore,  residing 
in  said  City  and  State,  duly  commissioned  and  sworn,  and  author- 
ized by  law  to  administer  oaths  and  take  acknowledgments  or 
proof  of  deeds  to  be  recorded  therein.  I  further  certify  that  I 
am  acquainted  with  the  handwriting  of  the  said  Notary,  and  verily 
believe  the  signature  to  be  his  genuine  signature. 

In  Testimony  Whereof,  I  hereto  set  my  hand,  and  affix  the 
seal  of  the  Superior  Court  of  Baltimore  City,  the  same  being  a 
Court  of  Record,  this  nth  day  of  Feby.,  1908. 

[SEAL] 

STEPHEN  C.  LITTLE, 
Clerk  of  the  Superior  Court, 
of  Baltimore  City. 


.  416 


Ventilating  and  Cooling 

STATE  OF  NEW  YORK,  | 

CITY  AND  COUNTY  OF  NEW  YORK,| 

On  this  3rd  day  of  March,  1908,  before  me  personally  ap- 
peared THOMAS  A.  WHELAN,  to  me  known,  who,  being  by  me 
first  duly  sworn,  did  depose  and  say:  That  he  resided  in  City 
of  Baltimore,  in  the  State  of  Maryland ;  that  he  is  Vice-Presi- 
dent  of  the  Fidelity  and  Deposit  Company  of  Maryland,  one 
of  the  corporations  described  in  and  which  executed  the  fore- 
going consent ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  one  of  the  seals  affixed  to  said  consent  was  such  corporate 
seal,  and  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  said  company,  and  that  he  signed  his  name  thereto 
by  like  authority. 

J.  TUFTON  MASON, 

Commissioner  of  Deeds, 

New  York  City. 
[SEAL.] 


417 


THE    CITY    OF    NEW    YORK 

By  its  Rapid  Transit  Board 


WITH 


JOHN     B.    McDONALD,    Contractor, 


AND 


INTERBOROUGH   RAPID    TRANSIT  COMPANY 


AGREEMENT 

Modifying  Contract  for  Construction  and  Operation 
of    Rapid   Transit    Railroad 

ADDITIONAL    TRACKS    NEAR   96th   STREET 


Dated,    June    27th,    1907 


Additional  Tracks  Near  g6th  Street 

Note. — The  agreement  was  executed  by  the  Rapid  Transit 
Board  and  sent  to  the  Contractors  for  execution,  but  up  to  the 
time  of  printing  this  volume  had  not  been  returned. 

Agreement  made  this  27th  day  of  June,  in  the  year  Nine- 
teen hundred  and  seven,  between  THE  CITY  OF  NEW  YORK  (here- 
inafter called  the  "  City  "),  acting  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  The  City  of  New  York  (hereinafter 
called  the  "  Board"),  party  of  the  first  part,  and  JOHN  B.  MC- 
DONALD, of  The  City  of  New  York  (hereinafter  called  the  "  Con- 
tractor"), party  of  the  second  part,  and  INTERBOROUGH  RAPID 
TRANSIT  COMPANY,  a  corporation  organized  and  existing  under 
the  laws  of  the  State  of  New  York  ( hereinafter  called  "  Interbor- 
ough  Company  "),  party  of  the  third  part,  WITNESSETH: 

WHEREAS,  heretofore  and  on  or  about  the  2ist  day  of  February, 
1900,  the  City,  acting  by  the  Board,  entered  into  a  contract  with 
the  Contractor  for  the  construction  and  operation  of  a  Rapid 
Transit  Railroad  in  The  City  of  New  York  and  otherwise,  as 
therein  mentioned,  the  said  contract  for  construction  and  operation 
being  hereinafter  styled  the  "  Contract,"  which  contract  has  been 
from  time  to  time  modified  by  certain  other  agreements  between 
the  said  parties;  and 

WHEREAS,  the  Contractor  has  deposited  with  the  Comptroller 
of  the  City  certain  security  for  the  performance  of  the  Contract 
on  his  part,  and  has  given  certain  bonds  as  further  security  for 
such  performance  and  upon  such  bonds  there  are  now  sureties 
as  follows :  Rapid  Transit  Subway  Construction  Company,  The 
United  States  Fidelity  and  Guaranty  Company,  The  Empire  State 
Surety  Company,  American  Surety  'Company  of  New  York, 
National  Surety  Company  and  Fidelity  and  Deposit  Company  of 
Maryland;  and 

WHEREAS,  by  written  instruments  bearing  date  the  loth  day 
of  July,  1902,  the  Contractor,  with  the  written  consent  of  the 
Board,  concurred  in  by  six  members  thereof,  duly  assigned  the 
right  and  obligation  to  maintain  and  operate  the  said  Rapid  Tran- 
sit Railroad  for  the  term- of  years  specified  in  the  Contract  and 
,iP  rights  included  in  the  leasing  provisions  of  the  Contract,  to- 
gether with  the  obligation  to  provide  equipment  for  the  said  rail- 
road unto  Tnterborough  Company,  which  Company  also  guaran- 

421 


Additional  Tracks  Near  g6th  Street 

teed  the  performance  by  the  Contractor  of  the  provisions  of  so 
much  of  the  Contract  as  was  not  assigned  to  it;  and 

WHEREAS,  it  is  provided  in  the  Contract  that  the  said  Board 
of  Rapid  Transit  Railroad  Commissioners  shall  have  the  right  co 
require  additional  work  to  be  done  or  additional  materials  to  be 
furnished  or  both,  within  the  general  purview  of  a  rapid  transit 
railroad  as  therein  described,  the  reasonable  value  of  which  shall 
be  additionally  paid  to  the  Contractor;  and 

WHEREAS,  The  Contractor  and  the  Interborough  Rapid  Transit 
Company  desire,  and  the  Board  approves,  a  modification  of  the 
Routes  and  General  Plan  for  the  Rapid  Transit  Railroad  referred 
to  in  the  said  Contract  for  Construction  and  .Operation  as  set 
forth  in  certain  resolutions  adopted  by  the  Board  this  day,  a  copy 
of  which  is  hereto  annexed,  in  order  to  provide  for  an  addition  to 
the  said  Routes  and  General  Plan,  as  in  said  resolutions  and 
herein  described, — 

Now,  THEREFORE,  in  consideration  of  the  premises,  but  subject 
to  the  consents  hereinafter  provided,  IT  is  AGREED  that  the  said 
Contract  for  Construction  and  Operation  and  the  Routes  and  Gen- 
eral Plan  therein  contained  be,  and  the  same  are  hereby  modified 
by  adding  to  the  said  Routes  and  General  Plan  the  words  follow- 
ing, to  wit : 

And  also  an  additional  track  extending  along  the  easterly  side 
of  Broadway  from  a  point  near  the  center  line  of  Ninety-sixth 
street  to  a  point  about  seventy-five  (75)  feet  north  of  the  northerly 
line  of  One  Hundred  and  Second  street.  The  said  easterly  addi- 
tional track  is  more  particularly  described  as  follows : 

A  track,  the  center  line  of  which  shall  begin  at  or  near  a  point 
where  the  center  line  of  Ninety-sixth  street  intersects  the  center 
line  of  the  easterly  track  as  originally  constructed  upon  this  route ; 
thence  diverging  from  the  said  easterly  track  originally  con- 
structed, and  running  northeasterly  and  northerly  and  generally 
parallel  with  the  easterly  line  of  Broadway,  and  distant  therefrom 
not  less  than  twenty-four  (24)  feet  and  nine  (9)  inches,  and  so 
continuing  to  a  point  near  the  southerly  line  of  One  Hundred  and 
Second  street ;  and  thence  curving  northwesterly,  and  again 
uniting  with  the  said  easterly  track  of  the  railroad  as  originally 
constructed  upon  this  route,  at  a  point  about  seventy-five  (75) 
feet  north  of  the  northerly  line  of  iO2nd  street. 


Additional  Tracks  Near  96^  Street 

Also  two  additional  tracks  extending  along-  the  westerly  side  of 
Broadway,  from  a  point  near  the  center  line  of  Ninety-sixth  street 
northerly  to  a  point  near  the  center  line  of  One  Hundred  and  First 
street.  The  said  two  tracks  are  more  particularly  described  as 
follows : 

FIRST. — A  track,  the  center  line  of  which  shall  begin  at  or  near 
the  point  where  the  center  line  of  Ninety-sixth  street  intersects 
the  center  line  of  the  westerly  track  as  originally  constructed  upon 
this  route;  thence  diverging  from  the  said  westerly  track  orig- 
inally constructed,  and  running  northwesterly  and  northerly  and 
generally  parallel  with  the  westerly  line  of  Broadway,  and  distant 
therefrom  not  less  than  twenty-four  (24)  feet  and  nine  (9)  inches, 
to  a  point  about  fifty  (50)  feet  south  of  the  southerly  line  of  One 
Hundredth  street;  and  thence  curving  northeasterly,  and  again 
uniting  with  the  said  westerly  track  as  originally  constructed  upon 
this  route,  at  a  point  near  the  intersection  of  the  center  line  of  the 
said  westerly  track  with  the  center  line  of  One  Hundred  and  First 
street. 

SECOND. — A  track,  the  center  line  of  which  shall  diverge  from 
the  center  line  of  the  additional  track  last  above  described,  at  a 
point  about  twenty  (20)  feet  south  of  the  northerly  line  of  Ninety- 
sixth  street ;  and  thence  running  northerly  and  parallel,  or  nearly 
so,  with  the  westerly  line  of  Broadway,  and  distant  about  forty 
(40)  feet  therefrom,  to  a  point  about  fifty  (50)  feet  north  of  the 
northerly  line  of  One  Hundredth  street ;  and  thence  curving  north- 
easterly and  continuing  to  a  point  near  the  intersection  of  the 
center  line  of  One  Hundred  and  First  street  with  the  center  line 
of  the  lower  westerly  track  originally  constructed  upon  this  route, 
and  known  as  the  southbound  Lenox  avenue  track. 

And  also  spurs  or  connections  to  unite  the  said  three  additional 
tracks  or  any  one  or  more  of  them  with  any  of  the  other  tracks 
constructed  upon  this  route. 

The  additional  tracks,  spurs  and  connections  herein  provided 
for,  shall  be  built  (except  where  the  same  curve  to  unite  with  or 
diverge  from  any  of  the  four  tracks  first  constructed  upon  this 
route)  between  the  walls  of  the  railroad  or  subway,  and  the 
easterly  and  westerly  sides  of  Broadway  respectively. 

The  additional  track  on  the  easterly  side  shall  descend  from  a 
point  at  or  near  the  center  line  of  Ninety-seventh  street  at  a  grade 
of  about  one  per  cent,  to  a  point  about  forty  (40)  feet  north  of  the 

423 


Additional  Tracks  X car  t)6th  Street 

center  line  of  Ninety-ninth  street,  and  then  level  to  a  point  which 
is  about  thirty-five  (35)  feet  below  the  surface  of  Broadway  and 
near  the  southerly  line  of  One  Hundredth  street,  at  which  point 
a  spur  or  connection  shall  diverge  to  connect  with  other  tracks. 
Said  easterly  additional  track  as  above  described  shall  from  said 
lowest  point  ascend  to  about  the  center  line  of  One  Hundred  and 
Second  street,  and  shall  continue  thence  on  the  same  grade  as  the 
easterly  line  originally  constructed  upon  this  route,  which  is 
known  as  the  northbound  Broadway  track. 

The  first  of  the  two  additional  westerly  tracks  shall  be  con- 
structed upon  the  same  grade  as  the  westerly  track  first  con- 
structed upon  this  route,  which  is  known  as  the  southbound  Broad- 
way track. 

The  second  of  the  said  two  additional  westerly  tracks  shall  con- 
tinue on  the  same  grades  as  the  first  of  the  said  additional  westerly 
tracks  from  the  point  of  beginning  as  above  described,  to  a  point 
near  the  intersection  of  the  center  line  of  Ninety-eighth  street; 
from  thence  it  shall  descend  to  a  point  about  the  northerly  line  of 
One  Hundredth  street,  at  which  it  will  be  on  the  same  grade  as  the 
two  center  tracks  first  constructed  upon  this  route,  known  as  the 
Lenox  avenue  tracks;  and  fronv  thence  it  shall  continue  on  the 
same  grades  as  the  said  two  Lenox  avenue  tracks. 

AND  IT  is  HEREBY  FURTHER  AGREED  that  the  said  contract  be 
and  the  same  shall  hereafter  be  deemed  to  be  so  modified  as  that 
the  portion  of  the  rapid  transit  railroad  added  by  the  modification 
aforesaid  of  the  Routes  and  General  Plan  shall  in  all  respects, 
exceot  as  herein  otherwise  expressly  provided,  be  deemed  to  be 
part  of  the  rapid  transit  railroad  originally  described  in  the  said 
contract  hereby  modified. 

AND  IT  i?  HEREBY  FURTHER  AGREED  that  the  reasonable  value  of 
constructing  that  portion  of  the  rapid  transit  railroad  upon  the 
said  additional  tracks,  including  all  of  the  said  connections, 
switches,  and  appurtenances  of  such  addition  to  the  said  rapid 
transit  railroad  shall  be  deemed  a  part  of  the  cost  of  constructing 
said  rapid  transit  railroad,  and  shall  be  ascertained  and  determined 
and  paid  to  the  Contractor  in  the  manner  provided  in  the  contract 
for  the  construction  and  operation  of  said  rapid  transit  railroad  in 
addition  to  the  amounts  in  said  contract  originally  agreed  to  be 
paid  unto  said  Contractor,  and  that  such  additional  amounts  so 
paid  shall  be  included  in  the  total  cost  of  the  construction  of  the 

424 


Additional  Tracks  Near  g6th  Street 

said  railroad  in  determining  the  amount  of  rental  to  be  paid  under 
said  contract  in  like  manner  as  if.  said  additional  route  had  been 
originally  authorized  therein; 

AND   IT   IS    HEREBY    FURTHER    UNDERSTOOD  AND   AGREED   that   in 

computing  the  rental  payable  under  the  Contract,  the  interest 
actually  paid  by  the  City  on  bonds  heretofore  issued  or  that  may 
hereafter  be  issued  for  construction,  shall  be  the  basis  of  the  said 
computation  notwithstanding  the  rate  of  interest  so  paid  may 
exceed  three  and  one-half  (3^)  per  cent.,  the  rate  which  was  lim- 
ited by  law  at  the  time  the  Contract  was  made ; 

PROVIDED,  however,  and  it  is  expressly  AGREED  that  this  agree- 
ment shall  take  effect  if  and  when  and  only  when  the  following 
consents  shall  have  been  duly  had,  to  wit: 

1.  The  consent  of  the  Board  of  Estimate  and  Apportionment  of 
The  City  of  New  York. 

2.  The  consents  of  Rapid  Transit  Subway  Construction  Com- 
pany, The  United  States  Fidelity  and  Guaranty  Company,  The 
Empire  State  Surety  Company,  American    Surety  Company  of 
New  York,  National  Surety  Company,  and  Fidelity  and  Deposit 
Company  of  Maryland;  and 

PROVIDED  further,  however,  and  it  is  expressly  agreed,  that  this 
agreement  shall  take  effect  if  and  when,  and  only  when,  the  fol- 
lowing consents  shall  have  been  duly  given  to  the  said  resolutions 
adopted  by  the  Board  this  day,  a  copy  of  which  is  hereto  an- 
nexed, providing  for  the  said  addition  to  said  Routes  and  General 
Plan;  the  consent  of  the  Board  of  Estimate  and  Apportionment 
of  the  City  of  New  York ;  the  consent  of  the  Mayor  of  the  City 
of  New  York ;  and  the  consent  of  the  owners  of  a  majority  in  value 
of  the  property  along  such  streets  or  such  portions  of  streets  as 
are  included  in  the  portion  of  the  route  adde'd  as  aforesaid,  or  if 
such  last  mentioned  consent  cannot  be  obtained,  then  in  lieu  there- 
of, the  determination  of  three  commissioners  to  be  appointed  by 
the  Appellate  Division  of  the  Supreme  Court  duly  confirmed  by 
the  said  Appellate  Division. 

The  plan  hereto  annexed  entitled  "Board  of  Rapid  Transit  Rail- 
road Commissioners  of  The  City  of  New  York;  proposed  Addi- 
tional Tracks  between  West  Ninety-sixth  and  West  One  Hundred 
and  Third  streets.  Drawing  No.  17156.  June  24th,  1907,"  is  in- 
tended to  illustrate  and  show  in  general  the  addition  to  and  modi- 

4*5 


Additional  Tracks  Near  g6th  Street 

fication  of  the  said  original  Routes  and  General  Plan  as  hereby 
proposed. 

In  witness  whereof,  This  contract  has  been  executed 
for  The  City  of  New  York  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners,  under  and  by  a  resolution  duly  adopted  by  said 
Board,  concurred  in  by  seven  of  its  members,  and  the  seal  of  the 
said  Board  has  been  hereto  affixed  and  these  presents  signed  by  the 
President  and  Secretary  of  the  said  Board,  and  the  said  John  B. 
McDonald  has  hereto  set  his  hand  and  seal  and  the  said  Inter- 
borough  Rapid  Transit  Company  has  caused  its  corporate  seal  to 
be  hereto  affixed  and  attested  by  its  secretary,  and  these  presents  to 
be  signed  by  its  president, — all  the  day  and  year  first  above 
written. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSIONERS, 

[OFFICIAL  SEAL.]  A.  E.  ORR,  President. 

BION  L.  BURROWS,  SECRETARY. 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  IS  HEREBY  AP- 
PROVED AS  TO  FORM. 

Dated  New  York,  July  30,  1907. 

JOHN  L.  O'BRIEN, 
Acting  Corporation  Counsel. 

STATE  OF  NEW  YORK,  ) 

I  <;s    ' 

COUNTY  OF  NEW  YORK,  } 

Ojp  the  28th  day  of  June,  1907,  before  me  personally  ap- 
peared Alexander  E.  Orr  and  Bion  L.  Burrows,  to  me  known 
and  known  to  me  to  be  the  said  Alexander  E.  Orr,  the  presi- 
dent, and  the  said  Bion  L.  Burrows,  the  secretary  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  for  the  City 
of  New  York ;  and  the  said  Alexander  E.  Orr  and  Bion  L. 
Burrows,  being  by  me  duly  sworn,  did  depose  and  say,  each 
for  himself  and  not  for  the  other,  the  said  Alexander  E.  Orr. 
that  he  resides  in  the  Borough  of  Brooklyn,  in  the  said  City, 
that  he  is  the  president  of  the  said  Board  and  that  he  sub- 
scribed his  name  to  the  foregoing  Contract  by  virtue  of  the 
authority  hereof;  and  the  said  Bion  L.  Burrows,  that  he  re- 

426 


Additional  Tracks  Near  g6th  Street 

sides  in  the  Borough  of  Brooklyn,  in  the  City  of  New  York, 
that  he  is  the  secretary  of  the  said  Board  and  that  he  sub- 
scribed his  name  thereto  by  like  authority;  and  both  the  said 
Alexander  E.  Orr  and  Bion  L.  Burrows  that  they  know  the 
seal  of  the  said  Board  and  that  the  same  was  affixed  to  the 
foregoing  instrument  by  the  authority  of  the  said  Board  and 
of  a  resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

[NOTARIAL]  Notary  Public  for  Kings  County,  N.  Y. 

[     SEAL      ]  Certificate  Filed  in  New  York. 


On  this  day  of  October,   1907,  before  me  personally 

came  JOHN  B.  MCDONALD,  to  me  known  and  known  to  me  to  be 
the  individual  described  in  and  who  executed  the  foregoing 
instrument,  and  he  duly  acknowledged  to  me  that  he  executed 
the  same. 

STATE  OF  NEW  YORK,  ) 

(.      •  , 

COUNTY  OF  NEW 


On  this  day  of  October,  1907,  before  me  personally 

appeared  ,  to  me  known,  who  being 

by  me  first  duly  sworn,  did  depose  and  say:  That  he  resided 
in  ,  in  the  State  of  ; 

that  he  is  President  of  the.  Interborough  Rapid  Transit  Com- 
pany, the  corporation  described  in  and  which  executed  the 
foregoing  instrument  ;  that  he  knew  the  corporate  seal  of  said 
company  ;  that  one  of  the  seals  affixed  to  s,aid  contract  was 
such  corporate  seal,  and  that  it  was  affixed  thereto  by  order 
of  the  Board  of  Directors  of  said  company,  and  that  he  signed 
his  name  thereto  by  like  authority. 

Copy  Resolutions  of  June  ayth,  1907. 

WHEREAS,  this  Board  did,  on  the  Hth  day  of  January,  1897. 
and  4th  day  of  February,  1897,  adopt  certain  Routes  and  Gen- 
eral Plan  for  a  rapid  transit  railroad  in  the  City  of  New  York, 
a  copy  of  which  is  hereto  annexed  entitled  "Copy  Routes  and 
General  Plan  ;"  and 


427 


Additional  Tracks  Near  $6th  Street 

WHEREAS,  the  said  Routes  and  General  Plan  were  afterward 
duly  approved  by  the  municipal  authorities  of  the  City  of 
New  York,  and  were  duly  consented  to  by  commissioners  ap- 
pointed by  the  Appellate  Division  of  the  Supreme  Court,  which 
consent  was  duly  confirmed  by  the  said  Appellate  Division, 
in  lieu  of  the  consent  of  the  owners  of  a  majority  in  value  of 
the  property  along-  said  routes;  and 

WHEREAS,  thereafter,  and  on  or  about  the  2ist  day  of  Feb- 
ruary, 1900,  the  City  of  New  York  did  by  this  Board  enter 
into  a  certain  contract  with  John  B.  McDonald  for  the  con- 
struction and  operation  of  the  said  rapid  transit  railroad ;  and 

WHEREAS,  by  written  instrument  bearing  date  the  loth  day 
of  July,  1902,  the  said  John  B.  McDonald  with  the  written  con- 
sent of  this  Board  concurred  in  by  six  members  thereof  duly 
assigned  the  right  or  obligation  to  maintain  and  operate  the 
said  rapid  transit  railroad  for  the  term  of  years  specified  in 
the  said  contract  and  all  rights  included  in  the  leasing  pro- 
visions of  the  said  contract  together  with  the  obligation  to  pro- 
vide equipment  for  the  said  railroad,  unto  Interborough  Rapid 
Transit  Company,  which  Company  also  guaranteed  the  per- 
formance by  the  said  John  B.  McDonald  as  such  contractor, 
of  the  provisions  of  his  said  contract  not  so  assigned  to  it; 
and 

WHEREAS,  it  is  the  interest  of  the  City  of  New  York,  and,  in 
the  opinion  of  the  said  Interborough  Rapid  Transit  Company,  it  is 
likewise  in  its  interest  as  such  lessee,  and  it  desires  that  said 
Routes  and  General  Plan  shall  be  changed  in  the  respect  herein- 
after mentioned,  but  without  other  change  in  the  said  Routes  and 
General  Plan ;  now,  therefore,  it  is 

RESOLVED,  That,  subject  to  the  consents  and  approvals  to  be 
first  obtained  as  in  these  resolutions  hereinafter  mentioned,  the 
said  Routes  and  General  Plan  heretofore  adopted  by  this  Board 
be,  and  they  hereby  are  modified  by  adding  to  the  said  routes  the 
following,  to  wit, — 

"And  also  an  additional  track  extending  along  the  easterly  side 
of  Broadway  from  a  point  near  the  center  line  of  96th  Street  to 
a  point  about  seventy-five  (75)  feet  north  of  the  northerly  line  of 
io2nd  Street.  The  said  easterly  additional  track  is  more  par- 
ticularly described  as  follows : 

428 


Additional  Tracks  Near  g6th  Street 

"A  track,  the  center  line  of  which  shall  begin  at  or  near  a  point 
where  the  center  line  of  96th  Street  intersects  the  center  line  of 
the  easterly  track  as  originally  constructed  upon  this  route ;  thence 
diverging  from  the  said  easterly  track  originally  constructed  and 
running  northeasterly  and  northerly  and  generally  parallel  with 
the  easterly  line  of  Broadway,  and  distant  therefrom  not  less  than 
twenty-four  (24)  feet  and  nine  (9)  inches,  and  so  continuing  to  a 
point  near  the  southerly  line  of  iO2nd  Street ;  and  thence  curving 
northwesterly,  and  again  uniting  with  the  said  easterly  track  of 
the  railroad  as  originally  constructed  upon  this  route,  at  a  point 
about  seventy-five  (75)  feet  north  of  the  northerly  line  of  iO2ncl 
Street. 

"Also  two  additional  tracks  extending  along  the  westerly  side 
of  Broadway,  from  a  point  near  the  center  line  of  96th  Street 
northerly  to  a  point  near  the  center  line  of  roist  Street.  The  said 
two  tracks  are  more  particularly  described  as  follows: 

"FIRST. — A  track,  the  center  line  of  which  shall  begin  at  or  near 
the  point  where  the  center  line  of  96th  Street  intersects  the  center 
line  of  the  westerly  track  as  originally  constructed  upon  this  route  ; 
thence  diverging  from  the  said  westerly  track  originally  con- 
structed and  running  northwesterly  and  northerly  and  generally 
parallel  with  the  westerly  line  of  Broadway,  and  distant  therefrom 
not  less  than  twenty-four  (24)  feet  and  nine  (9)  inches,  to  a 
point  about  fifty  (50)  feet  south  of  the  southerly  line  of  looth 
Street ;  and  thence  curving  northeasterly,  and  again  uniting  with 
the  said  westerly  track  as  originally  constructed  upon  this  route, 
at  a  point  near  the  intersection  of  the  center  line  of  the  said  west- 
erly track  with  the  center  line  of  loist  Street. 

"SECOND. — A  track,  the  center  line  of  which  shall  diverge  from 
the  center  line  of  the  additional  track  last  above  described,  at  a 
point  about  twenty  (20)  feet  south  of  the  northerly  line  of  96th 
Street ;  and  thence  running  northerly  and  parallel,  or  nearly  so, 
with  the  westerly  line  of  Broadway,  and  distant  about  forty  (40) 
feet  therefrom,  to  a  point  about  fifty  (50)  feet  north  of  the  north- 
erly line  of  looth  Street;  and  thence  curving  northeasterly  and 
continuing  to  a  point  near  the  intersection  of  the  center  line  of 
loist  Street  with  the  center  line  of  the  lower  westerly  track 
originally  constructed  upon  this  route,  and  known  as  the  south- 
bound Lenox  Avenue  track. 


429 


Additional  Tracks  Near  g6th  Street 

"And  also  spurs  or  connections  to  unite  the  said  three  addi- 
tional tracks  or  any  one  or  more  of  them  with  any  of  the  other 
tracks  constructed  upon  this  route. 

"The  additional  tracks,  spurs  and  connections  herein  provided 
for  shall  be  built  (except  where  the  same  curve  to  unite  with  or 
diverge  from  any  of  the  four  tracks  first  constructed  upon  this 
route)  between  the  walls  of  the  railroad  or  subway,  and  the  east- 
erly and  westerly  sides  of  Broadway  respectively. 

"The  additional  track  on  the  easterly  side  shall  descend  from  a 
point  at  or  near  the  center  line  of  97th  Street  at  a  grade  of  about 
one  per  cent,  to  a  point  about  forty  (40)  feet  north  of  the  center 
line  of  99th  Street,  and  then  level  to  a  point  about  thirty-five  (35; 
feet  below  the  surface  of  Broadway  and  near  the  southerly  line 
of  looth  Street,  at  which  point  a  spur  or  connection  shall  diverge 
to  connect  with  other  tracks.  Said  easterly  additional  track  as 
above  described  shall  from  said  lowest  point  ascend  to  about  the 
center  line  of  iO2nd  Street,  and  shall  continue  thence  on  the  same 
grade  as  the  easterly  line  originally  constructed  upon  this  route, 
which  is  known  as  the  northbound  Broadway  track. 

"The  first  of  the  two  additional  westerly  tracks  shall  be 
constructed  upon  the  same  grade  as  the  westerly  track  first 
constructed  upon  this  route,  which  is  known  as  the  south- 
bound Broadway  track. 

"The  second  of  the  said  two  additional  westerly  tracks  shall 
continue  on  the  same  grade  as  the  first  of  the  said  additional 
westerly  tracks  from  the  point  of  beginning  as  above  de- 
scribed, to  a  point  near  the  intersection  of  the  center  line  of 
Ninety-eighth  street ;  from  thence  it  shall  descend  to  a  point 
about  the  northerly  line  of  One  Hundredth  street,  at  which 
it  will  be  on  the  same  grade  as  the  two  center  tracks  first 
constructed  upon  this  route,  known  as  the  Lenox  avenue 
tracks ;  and  from  thence  it  shall  continue  on  the  same  grades 
as  the  said  two  Lenox  avenue  tracks." 

In  all  other  respects  the  provisions  of  the  said  general  plan 
of  construction  adopted  January  i/j-th  and  February  4th,  1897, 
as  heretofore  amended,  shall  be  applicable  to  the  portion  of 
the  route  hereinabove  mentioned ;  and  it  is  further 

RESOLVED,  that,  Whereas  this  Board  has  duly  made  the  in- 
quiries and  investigation  necessary  or  proper  in  the  premises, 

43° 


Additional  Tracks  Near  g6th  Street 

and  has  determined  that  the  modification  aforesaid  of  the  said 
Routes  and  General  Plan  are  necessary  for  the  interests  of 
the  public  and  of  the  City  of  New  York  and  should  be  es- 
tablished as  herein  provided,  this  Board  does  hereby  determine 
and  establish  the  said  Routes  and  General  Plan  as  hereby 
modified,  subject  to  the  consents  and  approvals  to  be  first  ob- 
tained as  hereinafter  mentioned ;  and  it  is  further 

RESOLVED,  That  the  said  modifications  of  the  Routes  and 
General  Plans  shall  take  effect  only  upon  and  after  the  fol- 
lowing consents  and  approvals  thereto  shall  be  duly  had,  to 
wit: 

1.  The  consent  of  the  Board  of  Estimate  and  Apportion- 
ment of  The  City  of  New  York  as  the  local  authority  having 
control  of  the  streets  above  mentioned. 

2.  The  consent  of  the  Mayor  of  The  City  of  New  York. 

3.  The  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along  that  portion  of  Broadway  in  the  Borough  of 
Manhattan   which  is   included   in   the   portion   of  the   routes 
added  as  aforesaid ;  or,  if  such  consents  cannot  be  obtained, 
then,  in  lieu  thereof,  the  determination  of  three  commissioners 
to  be  appointed  by  the  Appellate   Division  of  the  Supreme 
Court,  duly  confirmed  by  the  said  Appellate  Division. 

4.  The  consent  of  the  said  John  B.  McDonald,  contractor, 
and  of  his  sureties,  as  follows:    Rapid  Transit  Subway  Con- 
struction Company,  The  United  States  Fidelity  and  Guaranty 
Company,    The    Empire    State    Surety    Company,    American 
Surety  Company  of  New  York,  National  Surety  Company  and 
Fidelity  and  Deposit  Company  of  Maryland;  and  also  Inter- 
borough  Rapid  Transit  Company. 

It  is  further  RESOLVED,  That  this  Board  hereby  adopts  the 
drawing  now  produced  and  entitled  "Board  of  Rapid  Transit 
Railroad  Commissioners  of  the  City  of  New  York:  Pro- 
posed additional  tracks  between  West  Ninety-sixth  and  West 
One  Hundred  and  Third  streets.  Drawing  No.  17156,  June 
24th,  1907,  as  showing  in  general  the  additions  to  and  modi- 
fications of  the  original  Routes  and  General  Plan  hereby 
adopted. 


Additional  Tracks  Near  g6th  Street 

The  undersigned  being  the  sureties  of  John  B.  Mc- 
Donald, the  contractor  above  mentioned,  upon  the  continuing 
bond  in  the  penalty  of  One  Million  Dollars  ($1,000,000),  and 
the  bond  for  construction  and  equipment  in  the  penalty  of 
Five  Million  Dollars  ($5,000,000),  hereby  consent  to  the 
making  of  the  foregoing  instrument. 

Dated  New  York,  June  27th,  1907. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 
By 

Attest: 

UNITED  STATES  FIDELITY  AND  GUARANTY  COMPANY, 
By 

Attest:  t 

THE  EMPIRE  STATE  SURETY  COMPANY, 
By 

Attest: 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 
By 

Attest: 

NATIONAL  SURETY  COMPANY, 
By 

Attest : 

FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND, 
By 

Attest: 


432 


Additional  Tracks  Xcar  y6th  Street 


STATE  OF  NEW  YORK,  1 
t 

COUNTY  OF  NEW 


On    this  day    of    October,    1907,    before    me    per- 

sonally appeared 

to  me  known,  who,  being  by  me  first  duly  sworn,  did  depose 
and  say  :  That  he  resided  in  , 

in  the  State  of  ;  that  he  is 

of  the  Rapid  Transit  Subway  Construction  Company,  the  cor- 
poration described  in  and  which  executed  the  foregoing  in- 
strument ;  that  he  knew  the  corporate  seal  of  said  company  ; 
that  one  of  the  seals  affixed  to  said  instrument  was  such 
corporate  seal,  and  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  said  company,  and  that  he  signed  his 
name  thereto  by  like  authority. 


STATE  OF  NEW  YORK.  ) 

ss  * 
COUNTY  OF  NEW  Youtjj 

On    this  day    of    October,    1907,    before    me    per- 

sonally appeared 

to  me  known,  who,  being  by  me  first  duly  sworn,  did  depose 
and  say:  That  he  resided  in  , 

in  the  State  of  ;  that  he  is 

of  the  United  States  Fidelity  and  Guaranty  Company,  the  cor- 
poration described  in  and  which  executed  the  foregoing  in- 
strument ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  one  of  the  seals  affixed  to  said  instrument  was  such 
corporate  seal,  and  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  said  company,  and  that  he  signed  his 
name  thereto  by  like  authority. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW 


On    this  day    of    October,    1907,    before    me    per- 

sonally appeared 

to  me  known,  who,  being  by  me  first  duly  sworn,  did  depose 
and  say  :  That  he  resided  in  , 

in  the  State  of  ;  that  he  is 


433 


Additional  Tracks  Near  g6th  Street 

of  the  Empire  State  Surety  Company,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  instrument;  that 
he  knew  the  corporate  seal  of  said  company;  that  one  of  the 
seals  affixed  to  said  instrument  was  such  corporate  seal,  and 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  said  company,  and  that  he  signed  his  name  thereto  by  like 
authority. 


STATE  OF  NEW  YORK,  ) 

I  gg    • 

COUNTY  OF  NEW  YORK,] 

On    this  day    of    October,    1907,    before    me    per- 

sonally appeared 

to  me  known,  who,  being  by  me  first  duly  sworn,  did  depose 
and  say:  That  he  resided  in  , 

in  the  State  of  ;  that  he  is 

of  the  American  Surety  Company  of  New  York,  the  cor- 
poration described  in  and  which  executed  the  foregoing  in- 
strument ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  one  of  the  seals  affixed  to  said  instrument  was  such 
corporate  seal,  and  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  said  company,  and  that  he  signed  his 
name  thereto  by  like  authority. 


STATE  OF  NEW  YORK,  ) 

ss  ' 
COUNTY  OF  NEW  YORK,J 

On    this  day    of    October,    1907,    before    me    per- 

sonally appeared 

to  me  known,  who,  being  by  me  first  duly  sworn,  did  depose 
and  say:  That  he  resided  in  , 

in  the  State  of  ;  that  he  is 

of  the  National  Surety  Company,  the  corporation  described 
in  and  which  executed  the  foregoing  instrument ;  that  he  knew 
the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  instrument  was  such  corporate  seal,  and  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of 
said  company,  and  that  he  signed  his  name  thereto  by  like 
authority. 

434 


Additional  Tracks  Near  <}6th  Street 
STATE  OF  NEW  YORK, 


COUNTY  OF  NEW  YORK/ 

On    this  day    of    October,    1907,    before    me    per- 

sonally appeared 

to  me  known,  who,  being  by  me  first  duly  sworn,  did  depose 
and  say :  That  he  resided  in  , 

in  the  State  of  ;  and  that  he  is 

of  the  Fidelity  and  Deposit  Company  of  Maryland,  the  cor- 
poration described  in  and  which  executed  the  foregoing  in- 
strument ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  one  of  the  seals  affixed  to  said  instrument  was  such 
corporate  seal,  and  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  said  company,  and  that  he  signed  his 
name  thereto  by  like  authority. 


435 


THE    CITY    OF    NEW    YORK 

By  the  Public  Service   Commission  for  the  First  District 


WITH 


JOHN  B.  MCDONALD 


AND 


NTERBOROUGH   RAPID    TRANSIT  COMPANY 


Contract  No.    1 


AGREEMENT 

Modifying    Contract    for   Construction   and    Operation 
of    Rapid    Transit    Railroad 


MODIFICATION    OF    ARBITRATION 
PROVISIONS 


Modification  of  Arbitration 


Agreement,  made  this  I2th  day  of  December,  in  the  year 
One  Thousand  Nine  Hundred  and  Seven,  between  THE  CITY  OF 
XEW  YORK  (hereinafter  called  the  "City")  acting-  by  the  PUBLIC 
SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT  (hereafter  called 
the  "Commission"),  party  of  the  first  part,  and  JOHN  B.  MC- 
DONALD, of  The  City  of  New  York  (hereinafter  called  the  "Con- 
tract"), and  INTERBOROUGH  RAPID  TRANSIT  COMPANY,  a  cor- 
poration organized  under  the  laws  of  the  State  of  New  York 
(hereinafter  called  "Interborough  Company"),  parties  of  the 
second  part,  WITNESSETH  : 

WHEREAS,  heretofore  and  on  or  about  the  2ist  day  of  February, 
1900,  the  City,  acting  by  the  Board  of  Rapid  Transit  Railroad 
Commissioners  for  The  City  of  New  York,  entered  into  a  contract 
with  the  Contractor  for  the  construction  and  operation  of  a  Rapid 
Transit  Railroad  in  The  City  of  New  York  and  otherwise,  as 
therein  mentioned,  which  contract  has  since  been  modified  by  cer- 
tain agreements  between  the  parties,  and  which  contract  as  so 
modified  is  hereinafter  called  the  "contract" ;  and 

WHEREAS,  the  Contractor  has  deposited  with  the  Comptroller 
of  the  City  security  for  the  performance  of  the  said  contract  for 
construction  and  operation  on  his  part,  and  has  given  certain 
bonds  as  further  security  for  such  performance,  and  upon  such 
bonds  there  are  sureties  as  follows :  Rapid  Transit  Subway  Con- 
struction Company,  -United  States  Fidelity  &  Guaranty  Company, 
The  Empire  State  Surety  Company,  American  Surety  Company  of 
New  York,  National  Surety  Company,  and  Fidelity  &  Deposit 
Company  of  Maryland  ;  and 

WHEREAS,  by  written  instruments  bearing  date  the  tenth  day  of 
July,  1902,  the  Contractor,  with  the  written  consent  of  the  Board 
of  Rapid  Transit  Railroad  Commissioners  for  The  City  of  New 
York,  concurred  in  by  six  members  thereof,  duly  assigned  the 
right  and  obligation  to  maintain  and  operate  the  said  Rapid  Tran- 
sit Railroad  for  the  term  of  years  specified  in  the  Contract  and 
all  rights  included  in  the  leasing  provisions  of  the  Contract,  to- 
gether with  the  obligation  to  provide  equipment  for  the  said  rail- 
road unto  Interborough  Company,  which  Company  also  guar- 
anteed the  performance  by  the  Contractor  of  the  provisions  of 
so  much  of  the  Contract  as  was  not  so  assigned  to  it ;  and 

439 


Modification   of  Arbitration  Provisions 


Work  subject  to 
Approval  of  En- 
gineer. 


Engineer's  Deter- 
mination when  sub- 
ject to  Review. 


WHEREAS,  the  Commission  has  succeeded  to  all  the  powers  and 
duties  of  the  said  Board  of  Rapid  Transit  Railroad  Commissioners 
for  The  City  of  New  York ;  and 

WHEREAS,  the  contract  provides  that  no  change  shall  be  made 
therein  except  by  a  written  instrument  duly  authorized  by  said 
Board  of  Rapid  Transit  Railroad  Commissioners  for  The  City  of 
New  York,  or  its  successors,  and  consented  to  by  the  Contractor 
and  the  sureties  upon  his  said  bonds ;  and 

WHEREAS,  it  is  among  other  things  in  the  contract  provided : 

"The  work  is  to  be  done  and  the  materials  are  to  be  fur- 
nished subject  to  the  direction  and  approval  of  the  Engineer. 
The  Contractor  shall  promptly  obey  and  follow  every  direc- 
tion within  the  general  purview  of  the  work  which  shall  be 
given  by  the  Engineer,  including  any  direction  which  he  shall 
give  by  way  of  withdrawal,  modification  or  reversal  of  any 
previous  direction  given  by  him.  If  any  additional  specifica- 
tion be  prescribed  or  additional  drawing  be  required  to  be 
followed,  or  additional  detail  required,  or  if  any  question 
shall  arise  as  to  the  quality,  character  or  amount  of  materials 
or  work,  or  as  to  the  obligation  of  the  Contractor  to 
do  any  particular  work  or  furnish  any  particular  materials, 
or  as  to  the  value  of  any  additional  work  or  materials  re- 
quired by  the  Board  or  as  to  the  deduction  to  be  made  from 
the  contract  price  for  the  construction  by  reason  of  any  ma- 
terials or  work  directed  by  the  Board  to  be  omitted,  or  if  any 
other  dispute,  question  or  doubt  as  to  what  is  the  obligation 
of  the  Contractor  shall  arise  prior  to  the  time  of  the  complete 
construction  and  equipment  of  the  Railroad  and  the  declara- 
tion thereof  by  the  Board,  the  determination  of  the  Engineer 
shall  be  binding  upon  the  Contractor  and  the  City,  so  far  as 
that  the  Contractor  shall,  as  the  case  may  be,  proceed  or  re- 
frain from  proceeding,  and  without  any  delay  obey  the  re- 
quirement of  the  Engineer. 

"But  a  determination  of  the  Engineer  shall  not  be  finally 
conclusive  upon  either  the  Contractor  or  the  City  as  to  the 
reasonable  value  of  any  work  or  materials  additionally  re- 
quired as  aforesaid  or  omitted  as  aforesaid,  or  as  to  the 
question  whether  the  Contractor  is  entitled  to  additional  pay- 
ment for  anything  additionally  required  by  the  Engineer, 
whether  upon  additional  specifications  or  drawings  or  in  the 


440 


Modification  of  Arbitration  Provisions 

way  of  additional  details  as  aforesaid,  or  otherwise  as  herein 
provided,  or  as  to  the  question  whether  the  City  is  entitled 
to  a  deduction  from  the  amount  payable  to  the  Contractor 
according  to  the  terms  hereof.  In  every  such  case  the  En-  Mode  of  Review, 
gineer  shall  make  his  determination  in  writing  and  in  dupli- 
cate, one  duplicate  to  be  filed  with  the  Board  and  the  other 
duplicate  to  be  delivered  to  the  Contractor.  Such  determina- 
tion as  to  work  done  or  materials  supplied  on  or  after  the 
first  day  of  the  calendar  month  next  preceding  the  date  of 
making  such  certificate,  shall  if  filed  with  the  Board  within 
five  days  after  its  said  date,  be  binding  and  conclusive  upon 
the  City  unless  the  Board  shall  appeal  within  ten  (10)  days 
after  such  determination  is  filed  with  it,  and  shall  be  binding 
upon  the  Contractor  unless  the  Contractor  shall  appeal  within 
ten  (10)  days  after  such  delivery  to  him.  The  appeal  shall 
be  taken  by  a  written  notice  addressed,  if  the  Board  be  the  ap- 
pellant, to  the  Contractor,  or,  if  the  Contractor  be  the  appel- 
lant, then  to  the  secretary  of  the  Board.  The  notice  of  appeal 
shall  state  the  determination  appealed  from,  the  grounds  of 
appeal,  the  precise  award  or  redress  desired,  and  shall  include 
the  appointment  of  an  arbitrator  on  the  part  of  the  appellant, 
with  a  written  undertaking  on  the  part  of  the  arbitrator  to 
act.  Within  ten  (10)  days  after  the  receipt  of  a  notice  of 
appeal  the  party  receiving  the  same  shall  name  an  arbitrator, 
and  give  written  notice  of  such  nomination  to  the  party  ap- 
pealing, the  notice  to  be  accompanied  by  a  written  acceptance 
by  the  arbitrator  of  the  appointment.  If  the  party  against 
whom  the  appeal  is  taken  shall  not  so  nominate  an  arbitrator, 
who  shall  so  accept,  then  the  arbitrator  named  by  the  party 
appealing  shall  be  the  sole  arbitrator.  Either  party  may,  by 
a  general  notice  to  the  other,  appoint  a  standing  arbitrator 
for  such  party.  In  case  of  such  standing  appointment  such 
arbitrator  shall  be  deemed  to  be  appointed  upon  each  appeal, 
without  specification  of  his  appointment  upon  the  appeal. 
Any  vacancy  in  the  office  of  an  arbitrator  shall  be  filed  by 
the  party  which  shall  have  appointed  the  last  incumbent 
thereof,  within  five  (5)  days  after  notice  of  the  vacancy — 
during  which  five  days  the  running  of  other  periods  of 
time  prescribed  for  or  in  course  of  the  arbitration  shall 
be  suspended.  If  not  so  filled, — or  if  notice  of  the  appoint- 
ment be  not  given  within  such  five  days,  the  remaining 

441 


Modification-  of  Arbitration  Provisions 

arbitrator  shall  be  the  only  arbitrator.     Within  five   (5) 
days  after  the  appointment  of  its  arbitrator  by  the  party 
against  whom  the  appeal  is  taken,  or,  if  there  be  a  stand- 
ing arbitrator  for  such  party,  then  after  ten    (10)    days, 
but  within  fifteen  (15)  days  after  notice  of  the  appeal  is 
given, — the  arbitrators, — or  if  the  party  against  whom  the 
appeal  is  taken  shall  be  in  default  in  appointing  an  arbi- 
trator, then  within  five   (5)   days  after  such  default  the 
arbitrator  named  by  the  party  appealing, — shall  proceed 
summarily,  and  upon  two  (2)  days  notice  to  both  parties, 
to  hear  such  evidence  or  statements,  oral  or  written,  as 
may  be  produced.     Such  hearing  shall  be  finished  within 
five  (5)  days  after  such  hearing  shall  begin ;  and  within 
three  (3)  days  after  finishing  such  hearing,  the  determina- 
tion of  such  arbitrators  or  arbitrator  shall  be  made.    But 
if  within  such  three  days  the  arbitrators  (in  the  case  of 
two  arbitrators)    shall  fail  to  agree   upon  and   make  an 
award,  then  they  shall  forthwith  so  certify  to  the  Board 
and    the    Contractor,    and    the   controversy    shall    be    de- 
termined by  an  umpire  to  be  nominated  by  the  Executive 
Committee  for  the  time  being  of  the  Chamber  of  Com- 
merce of  the  State  of  New  York,  or  if  within  three   (3) 
days  after  being  notified  by  either  of  the  parties  hereto 
of  such  failure  the  said  Committee  shall  not  make  a  nom- 
ination, then  by  an  umpire  to  be  named  by  the  Executive 
Committee  for  the  time  being  of  the  Association  of  the 
Bar  of  the  City  of  New  York.     The  umpire  shall  hear 
the  parties,  their  counsel,  the  statements  of  the  arbitra- 
tors and  the  statements  and  evidence  received  by  them, 
or  such  of  them  and   so  much  thereof  as  may   appear  or 
be  submitted  to  the  umpire  upon  two  (2)  days  notice  to 
the  parties.     Such  notice  shall  be  given  within  three  (3) 
days  after  the  nomination  of  the  umpire.     The  hearing 
by  the  umpire  shall  be  concluded  within  three  (3)  days. 
His  award  shall  be  made  within  three  (3)  days  after  the 
hearing  before   him  is   concluded.      Every   determination 
by  the  umpire,  arbitrator  or  arbitrators,  shall  be  in  writing 
in  duplicate,  one  to  be  delivered  to  the  secretary  of  the 
Board  and  the  other  to  the  Contractor.     The  Executive 
Committee  of  the  said   Chamber  of   Commerce   and   the 
Executive  Committee  of  the  said  Association  of  the  Bar 

442 


Modification  of  Arbitration  Provisions 

may,  upon  the  joint  request  of  both  parties,  and  from 
time  to  time  nominate  a  standing  umpire,  or  a  standing 
board  of  three  experts,  to  act  as  such  umpire.  Such 
standing  umpire  or  standing  board  of  experts  shall,  upon 
every  arbitration  where  an  umpire  is  required,  be  such 
umpire,  and  a  decision  or  determination  by  a  majority  of 
such  board  of  experts  shall  be  the  decision  of  such  board. 
The  days  for  notices  and  other  proceeding  shall  be  ex- 
clusive of  Saturdays,  Sundays  and  holidays.  All  fees  and 
expenses  of  arbitrators  and  umpires  shall  be  borne  and 
paid  equally  by  the  City  and  the  Contractor,  by  both  of 
whom  every  such  arbitrator  and  umpire  shall  be  deemed  • 

to  be  employed.  Every  such  arbitrator  and  umpire  shall, 
before  proceeding  to  hear  the  testimony  or  to  consider 
the  matter,  be  sworn  as  nearly  as  may  be  in  the  same 
manner  as  referees  in  actions  at  law  are  required  to  be 
sworn." 

and 

WHEREAS,  the  Chief  Engineer  of  the  Commission  has  pur- 
suant to  the  contract  made  his  determination  on  certain 
claims  presented,  which  claims  aggregate  a  large  amount  and 
involve  many  difficult  and  perplexing  questions,  an<l  the  par- 
ties believe  that  the  provisions  of  the  said  contract  herein- 
before recited  are  impracticable  as  applied  to  an  arbitration 
to  determine  questions  of  such  scope  and  magnitude,  and 
desire  a  modification  thereof  in  the  form  hereinafter  contained. 

Now,     therefore,    in    consideration    of    the    premises 
and  subject  to  the  consents  hereinafter  provided, 

IT  is  AGREED  that  the  contract  be  and  the  same  hereby  is 
modified  as  follows : 

By  modifying  the  portions  thereof  hereinbefore  quoted  so 
that  they  shall  read  as  follows: 

The  work   is  to  be  done  and  the  materials  are  to   be    Work    subject    to 

furnished   subject  to  the   direction   and   approval   of  the    APProval    of    En' 

gineer. 

Engineer.  The  Contractor  shall  promptly  obey  and  fol- 
low every  direction  within  the  general  purview  of  the 
work  which  shall  be  given  by  the  Engineer,  including  any 
direction  which  he  shall  give  by  way  of  withdrawal,  modi- 

443 


Modification  of  Arbitration  Provisions 


Engineer's  Deter- 
mination when  sub- 
ject to  Review. 


Mode  of  Review. 
Arbitration. 


fication  or  reversal  of  any  previous  direction  given  by  him. 
If  any  additional  specification  be  prescribed  or  additional 
drawing  be  required  to  be  followed,  or  additional  detail 
required,  or  if  any  question  shall  arise  as  to  the  quality, 
character  or  amount  of  materials  or  work,  or  as  to  the 
obligation  of  the  Contractor  to  do  any  particular  work  or 
furnish  any  particular  materials,  or  as  to  the  value  of 
any  additional  work  or  materials  required  by  the  Board 
or  as  to  the  deduction  to  be  made  from  the  contract  price 
for  the  construction  by  reason  of  any  materials  or  work 
directed  by  the  Board  to  be  omitted,  or  if  any  other  dis- 
pute, question  or  doubt  as  to  what  is  the  obligation  of 
the  Contractor  shall  arise  prior  to  the  time  of  the  com- 
plete construction  and  equipment  of  the  Railroad  and  the 
declaration  thereof  by  the  Board,  the  determination  of 
the  Engineer  shall  be  binding  upon  the  Contractor  and 
the  City,  so  far  as  that  the  Contractor  shall,  as  the  case 
may  be,  proceed  or  refrain  from  proceeding,  and  without 
any  delay  obey  the  requirement  of  the  Engineer. 

But  a  determination  of  the  Engineer  shall  not  be  final 
or  conclusive  upon  either  the  Contractor  or  the  City  as 
*o  the  reasonable  value  of  any  work  or  materials  addi- 
tionally required  as  aforesaid,  or  omitted  as  aforesaid,  or 
as  to  the  question  whether  the  Contractor  is  entitled  to 
additional  payment  for  anything  additionally  required  by 
the  Engineer,  whether  upon  additional  specifications  or 
drawings  or  in  the  way  of  additional  details  as  aforesaid, 
or  otherwise  as  herein  provided,  or  as  to  the  question 
whether  the  City  is  entitled  to  a  deduction-  from  the 
amount  payable  to  the  Contractor  according  to  the  terms 
hereof.  In  every  such  case  the  Engineer  shall  make  his 
determination  in  writing  and  in  duplicate,  one  duplicate 
to  be  filed  with  the  Board  and  the  other  duplicate  to  be 
delivered  to  the  Contractor.  Such  determination  shall  be 
binding  and  conclusive  upon  the  City,  unless  the  Board 
shall  appeal  within  ten  (10)  days  after  such  determina- 
tion is  filed  with  it,  and  shall  be  binding  upon  the  Con- 
tractor unless  the  Contractor  shall  appeal  within  ten  (10) 
days  after  such  delivery  to  him.  The  appeal  shall  be 
taken  by  a  written  notice  addressed,  if  the  Board  be  the 
appellant,  to  the  Contractor,  or,  if  the  Contractor  be  the 


444 


Modification  of  Arbitration  Provisions 

appellant,  then  to  the  Secretary  of  the  Board.  The  notice 
of  appeal  shall  state  the  determination  appealed  from,  the 
grounds  of  appeal,  the  precise  award  or  redress  desired, 
and  shall  include  the  appointment  of  an  arbitrator  on  the 
part  of  the  appellant,  with  a  written  acceptance  by  the 
arbitrator  of  the  appointment.  Within  ten  (10)  days  after 
the  receipt  of  a  notice  of  appeal,  the  party  receiving  the 
same  shall  name  an  arbitrator,  an,d  give  written  notice  of 
such  nomination  to  the  party  appealing,  the  notice  to  be 
accompanied  by  a  written  acceptance  by  the  arbitrator 
of  the  appointment.  If  the  party  against  whom  the  appeal 
is  taken  shall  not  so  nominate  an  arbitrator,  who  shall  so 
accept,  then  the  arbitrator  named  by  the  party  appealing 
shall  be  the  sole  arbitrator.  Either  party  may,  by  a  gen- 
eral notice  to  the  other,  appoint  a  standing  arbitrator  for 
such  party.  In  case  of  such  standing  appointment  such 
arbitrator  shall  be  deemed  to  be  appointed  upon  each 
appeal  without  specification  of  his  appointment  upon  the 
appeal.  Any  vacancy  in  the  office  of  the  two  arbitrators, 
hereinbefore  provided  for,  shall  be  filled  by  the  party 
which  shall  have  appointed  the  last  incumbent  of  such 
vacant  position,  within  five  (5)  days  after  notice  of  the 
vacancy,  during  which  five  (5)  days  the  running  of  other 
periods  of  time  prescribed  for,  or  in  course  of,  the  arbitra- 
tion shall  be  suspended.  If  not  so  filled,  or  if  notice  of 
the  appointment  be  not  given  within  such  five  days,  the 
remaining  arbitrator  shall  be  the  only  arbitrator.  In  case 
both  the  Board  and  the  Contractor  shall  appeal  from  any 
such  determination  of  the  Engineer  the  arbitrators  ap- 
pointed by  each  in  their  notice  of  appeal,  as  hereinbefore 
provided,  shall  be  deemed  to  be,  with  the  third  arbitrator 
hereinafter  provided  for,  the  arbitrators  for  both  such 
appeals  and  both  such  appeals  shall  be  heard  together 
as  one  arbitration.  If  the  party  against  whom  an  appeal 
has  been  taken  shall  appoint  an  arbitrator,  then  within 
ten  (10)  days  after  the  appointment  of  such  arbitrator, 
or  if  there  be  a  standing  arbitrator  for  such  party,  then 
within  twenty  (20)  days  after  the  delivery  of  the  de- 
termination of  the  Engineer,  the  Board  and  the  Con- 
tractor shall  select  a  disinterested  person  to  act  as  a  third 
arbitrator,  whose  appointment  shall  be  evidenced  by  such 

445 


Modification  of  Arbitration  Provisions 

written  appointment  and  acceptance  thereof  as  is  required 
in  the  case  of  the  other  arbitrators.    Such  third  arbitrator 
shall  be  the  Chairman  of  the  Board  of  Arbitrators,  and 
shall  preside  at  all  its  meetings.     In  case  the  Board  and 
the  Contractor  are  unable  within  ten  (10)  days  to  agree 
upon  such  third  arbitrator,  such  third  arbitrator  shall  be 
appointed  by  the  Executive  Committee  for  the  time  being 
of  the  Chamber  of  Commerce  of  the  State  of  New  York, 
or  if,  within  ten  (10)  days  after  being  notified  by  either 
the  Board  or  the  Contractor  of  their  failure  to  agree,  the 
said  Committee  shall  not  make  an  appointment,  then  such 
third  arbitrator  shall  be  named  by  the  Executive  Com- 
mittee for  the  time  being  of  the  Association  of  the  Bar 
of  The  City  of  New  York.     In  case  of  any  vacancy  in 
the  position  of  such  third  arbitrator,  his  place  shall  be 
filled  in  the  same  manner  as  that  hereinbefore  provided 
in  the  case  of  an  original  appointment  of  such  third  arbi- 
trator.   At  any  time  after  the  appointment  of  such  third 
arbitrator  either  party   may  bring  the   matter  on   for  a 
hearing  upon  five  days'  written  notice  to  the  other  party, 
at  which  time  the   Board  of  Arbitration,  constituted  as 
aforesaid,  shall  proceed  to  hear  such  evidence  or  state- 
ments, oral  or  written,  as  may  be  produced.     Such  hear- 
ing shall  be  finished  within  ninety  (90)   days  after  such 
hearing  shall  begin ;  and  within   thirty    (30)    days   after 
finishing  such  hearing  the  determination  of  the  arbitrators 
shall  be  made ;  provided,  however,  that  a  majority  of  the 
arbitrators  may  extend  both  these  periods  last  above  men- 
tioned to  such  further  time  as  may  be  necessary.     The 
award  of  the  arbitrators  shall  be  in  writing,  in  duplicate, 
one  to  be  delivered  to  the  Secretary  of  the  Board  and  the 
other  to  the   Contractor,   and   the   determination   of   any 
two  of  the  three  arbitrators  upon  any  matter  presented 
to  them  shall  be  the  determination  of  the  Board  of  Arbi- 
trators, and  shall  be  binding  and  conclusive  between  the 
parties.    The  days  for  notices  and  other  proceedings  shall 
be  exclusive  of  Saturdays,  Sundays  and  holidays.    All  fees 
and  expenses  of  the  arbitrators  shall  be  borne  and  paid 
equally  by  the  City  and  the  Contractor,  by  both  of  whom 
every  such  arbitrator  shall  be  deemed  to  be  employed. 
Every  such  arbitrator  shall,  before  proceeding  to  hear  the 

446 


Modification  of  Arbitration  Provisions 

testimony  or  to  consider  the  matter,  be  sworn,  as  nearly 
as  may  be,  in  the  same  manner  as  referees  in  actions  at 
law  are  required  to  be  sworn.  Either  party  may,  upon 
any  such  appeal,  by  a  written  notice  of  appearance,  ap- 
point Counsel  to  represent  it  or  him,  and  to  conduct  all 
proceedings,  before  such  Board  of  Arbitration,  and  service 
of  any  notice  or  paper  on  such  Counsel  during-  the  prog- 
ress of  the  arbitration  shall  be  equivalent  to  service  on 
the  party  whom  he  represents.  In  case  a  vacancy  in  the 
Board  of  Arbitrators  shall  occur  after  final  submission 
and  before  decision,  the  Board  of  Arbitrators  may,  in  its 
discretion,  after  such  vacancy  is  filled,  require  further  ar- 
gument of  Counsel  or  introduction  of  evidence,  or  both. 

PROVIDED,  HOWEVER,  that  this  agreement  shall  not  affect  in  any 
way  any  proceedings  heretofore  taken  by  either  the  Commission 
or  the  Contractor  under  the  original  plan  of  arbitration  set  out 
in  the  contract,  but  all  proceedings  had  after  the  execution  and 
delivery  of  this  agreement  shall  be  in  accordance  with  the  pro- 
visions hereof. 

PROVIDED  FURTHER,  that  this  agreement  shall  take  effect  if  and 
when  and  only  when  the  following  consents  hereto  shall  be  duly 
had,  to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway  Construc- 
tion Company,  United  States  Fidelity  &  Guaranty  Company,  The 
Empire  State  Surety  Company,  American  Surety  Company  of 
New  York,  National  Surety  Company,  and  Fidelity  &  Deposit 
Company  of  Maryland. 


447 


Modification   of  Arbitration  Provisions 

In  witness  whereof,  this  contract  has  been  executed 
for  The  City  of  New  York  by  the  Public  Service  Commission  for 
the  First  District,  under  and  by  a  resolution  duly  adopted  by  the 
Commission,  and  the  seal  of  the  Commission  has  been  hereto  af- 
fixed, and  these  presents  signed  by  its  Chairman  and  Secretary, 
and  the  said  John  B.  McDonald  has  hereto  set  his  hand  and  seal, 
and  the  said  Interborough  Rapid 'Transit  Company  has  caused  its 
corporate  seal  to  be  hereto  affixed  and  attested  by  its  Secretary, 
and  these  presents  to  be  signed  by  its  President,  all  on  the  day  and 
year  first  above  written. 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT, 

By  WILLIAM  R.  WILLCOX, 

Chairman. 
[SEAL  OF  THE  COMMISSION.] 

Attest : 

TRAVIS  H.  WHITNEY, 
Secretary. 

JOHN  B.  MCDONALD.         [L.  s.] 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 

By  E.  P.  BRYAN, 

President. 
[CORPORATE  SEAL.] 


Attest : 


H.  M.  FISHER, 

Secretary. 


Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  IS  HEREBY  AP- 
PROVED AS  TO  FORM. 


Dated  New  York,  I2th  December, 

JOHN  L.  O'BRIEN, 
Acting  Corporation  Counsel. 

448 


Modification   of  Arbitration  Provisions 
STATE  OF  NEW  YORK. 


-  I 

K,[ 


,  eg 

COUNTY  OF  NEW  YORK" 

On  the  1  2th  day  of  December,  1907,  before  me  personally  ap- 
peared William  R.  Willcox  and  Travis  H.  Whitney,  to  me  known 
and  known  to  me  to  be  the  said  William  R.  Willcox,  the  Chair- 
man, and  the  said  Travis  H.  Whitney,  the  Secretary  of  the  Public 
Service  Commission  for  the  First  District;  and  the  said  William 
R.  Willcox  and  Travis  H.  Whitney  being  by  me  duly  sworn,  did 
depose  and  say,  each  for  himself  and  not  the  one  for  the  other,  the 
said  William  R.  Willcox,  that  he  resides  in  the  Borough  of  Man- 
hattan, in  the  City,  County,  and  State  of  New  York,  that  he  is 
the  chairman  of  the  said  Commission  and  that  he  subscribed  his 
name  to  the  foregoing  Contract  by  virtue  of  the  authority  thereof  ; 
and  the  said  Travis  H.  Whitney,  that  he  resides  in  the  Borough  of 
Brooklyn,  County  of  Kings,  in  the  City  and  State  of  New  York, 
that  he  is  the  secretary  of  the  said  Commission  and  that  he  sub- 
scribed his  name  thereto  by  like  authority;  and  both  the  said 
William  R.  Willcox  and  Travis  H.  Whitney  that  they  know  the 
seal  of  the  said  Commission  and  that  the  same  was  affixed  to  the 
foregoing  instrument  by  the  authority  of  the  said  Commission  and 
of  a  resolution  duly  adopted  by  the  same. 

LE  ROY  T.  HARKNESS, 
[NOTARIAL  Notary  Public, 

SEAL.]  Kings  Co. 

Cert,  filed  in  N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

*-  ss  ° 
COUNTY  OF  NEW  YORK,  ^ 

On  this  1  3th  day  of  December,  1907,  before  me  personally  came 
JOHN  B.  MCDONALD,  to  me  known  and  known  to  me  to  be  the 
individual  described.  in  and  who  executed  the  foregoing  instru- 
ment, and  he  duly  acknowledged  to  me  that  he  executed  the  same. 

J.  TUFTON  MASON, 
Commissioner  of  Deeds, 
[COMMISSIONER'S  SEAL.]  New  York  City. 

STATE  OF  NEW  YORK,  ) 

*•  ss  ' 
COUNTY  OF  NEW 


On  this  1  3th  day  of  December,  1907,  before  me  personally  ap- 
peared E.  P.  BRYAX  to  me  known,  who,  being  by  me  first  duly 

449 


Modification   of  Arbitration  Provisions 

sworn,  did  depose  and  say :  That  he  resided  in  Bound  Brook,  in 
the  State  of  New  Jersey;  that  he  is  President  of  the  Interborough 
Rapid  Transit  Company,  the  corporation  described  in  and  which 
executed  the  foregoing  instrument ;  that  he  knew  the  corporate 
seal  of  said  company ;  that  one  of  the  seals  affixed  to  said  contract 
was  such  corporate  seal,  and  that  it  was  affixed  thereto  by  order 
of  the  Board  of  Directors  of  said  company,  and  that  he  signed  his 
name  thereto  by  like  authority. 

J.  TUFTON  MASON, 
Commissioner  of  Deeds, 
[COMMISSIONER'S  SEAL.]  New  York  City. 

The  undersigned  being  the  sureties  of  John  B.  McDon- 
ald, the  contractor  above  mentioned,  upon  the  continuing  bond 
in  the  penalty  of  One  Million  Dollars  ($1,000,000),  and  the  bond 
for  construction  and  equipment  in  the  penalty  of  Five  Million 
Dollars  ($5,000,000),  hereby  consent  to  the  making  of  the  fore- 
going instrument. 

Dated  New  York,  December  I3th,  1907. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 

By  E.  P.  BRYAN, 
[CORPORATE  SEAL.]  President, 

Attest: 

H.  M.  FISHER, 

Secretary. 

UNITED  STATES  FIDELITY  AND  GUARANTY  COMPANY, 

By  RICHD.  D.  LANG, 
[CORPORATE  SEAL.]  Vice.-Pres, 

Attest : 

ALBERT  H.  BUCK, 

Asst.-Secretary. 

THE  EMPIRE  STATE  SURETY  COMPANY, 

By  WALTER  J.  MOORE, 
[CORPORATE  SEAL.]  Vice-President. 

Attest : 

ALFRED  J.  HODSON, 

Assistant  Secretary. 

450 


Modification   of  Arbitration  Provisions 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 

By  L.  E.  CARMAN, 
[CORPORATE  SEAL.]  Vice-President. 

Attest : 

E.  F.  WATSON, 

Attorney. 

NATIONAL  SURETY  COMPANY, 

By  WM.  B.  JOYCE, 
[CORPORATE  SEAL.]  President. 

Attest : 

DAVID  W.  ARMSTRONG,  JR., 
Asst.-Sec'y. 

FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND, 

By  THOMAS  A.  WHELAN, 
[CORPORATE  SEAL.]  Vice-President. 

Attest : 

HUGH  M.  ALL  WOOD, 

Acting-Secy, 

STATE  OF  NEW  YORK,  ) 
COUNTY  OF  NEW  YORK,)  ' 

On  this  1 3th  day  of  December,  1907,  before  me  personally  ap- 
peared E.  P.  BRYAX  to  me  known,  who,  being  by  me  first  duly 
sworn,  did  depose  and  say:  That  he  resided  in  Bound  Brook,  in 
the  State  of  New  Jersey ;  that  he  is  President  of  the  Rapid  Tran- 
sit Subway  Construction  Company,  the  corporation  described  in 
and  which  executed  the  foregoing  instrument ;  that  he  knew  the 
corporate  seal  of  said  company ;  that  one  of  the  seals  affixed  to 
said  instrument  was  such  corporate  seal,  and  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  said  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

J.  TUFTON  MASON, 
Commissioner  of  Deeds, 
[COMMISSIONER'S  SEAL.]  New  York  City. 

451 


Modification  of  Arbitration  Provisions 

STATE  OF  MARYLAND.} 

*•  ss  * 
CITY  OF  BALTIMORE,  C 

On  this  i /th  day  of  December,  1907,  before  me  personally  ap- 
peared RICHD.  D.  LANG,  to  me  known,  who,  being  by  me  first 
duly  sworn,  did  depose  and  say:  That  he  resided  in  Baltimore,  in 
the  State  of  Maryland;  that  he  is  Vice-President  of  the  United 
States  Fidelity  and  Guaranty  Company,  the  corporation  described 
in  and  which  executed  the  foregoing  instrument ;  that  he  knew 
the  corporate  seal  of  said  company ;  that  one  of  the  seals  af- 
fixed to  said  instrument  was  such  corporate  seal,  and  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  said  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

A.  D.  PATRICK, 
[NOTARIAL  SEAL.]  Notary  Public. 


State  of  Maryland,  Baltimore  City,  Set: 

I,  STEPHEN  C.  LITTLE,  Clerk  of  the  Superior  Court  of  Balti- 
more City,  do  hereby  certify, 

That  A.  D.  Patrick  Esquire,  before  whom  the  annexed  ac- 
knowledgment and  affidavit  was  made,  and  who  has  thereto  sub- 
scribed his  name,  was  at  the  time  of  so  doing,  a  Notary  Public  of 
the  State  of  Maryland,  in  and  for  the  City  of  Baltimore,  residing 
in  said  City  and  State,  duly  commissioned  and  sworn,  and  author- 
ized by  law  to  administer  oaths  and  take  acknowledgments,  or 
proof  of  deeds  to  be  recorded  therein.  I  further  certify  that  I  am 
acquainted  with  the  handwriting  of  the  said  Notary,  and  verily  be- 
lieve the  signature  to  be  his  genuine  signature. 

In    testimony    whereof,    I  hereto  set  my 

hand,  and  affix  the  seal  of  the  Superior  Court  of 
Baltimore  City,  the  same  being  a  Court  of  Record, 
this  1 7th  day  of  December,  1907. 

,  STEPHEN  C.  LITTLE, 

[SEAL.]  Clerk  of  the  Superior  Court  of  Baltimore  City. 


452 


Modification   of  Arbitration  Provisions 

STATE  OF  NEW  YORK,  £ 
COUNTY  OF  NEW   YORK.J 

On  this  i6th  day  of  December,  1907,  before  me  personally  ap- 
peared WALTER  J.  MOORE  to  me  known,  t*.-ho  being  by  me  first 
duly  sworn,  did  depose  and  say :  That  he  resided  in  The  City  of 
New  York,  in  the  State  of  New  York;  that  he  is  Vice-President 
of  The  Empire  State  Surety  Company,  the  corporation  described 
in  and  which  executed  the  foregoing  instrument ;  that  he  knew  the 
corporate  seal  of  said  company;  that  one  of  the  seals  affixed  to 
said  instrument  was  such  corporate  seal,  and  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  said  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[NOTARIAL  SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW 


On  this  i6th  day  of  December,  1907,  before  me  personally  ap- 
peared Louis  E.  CARMAN  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  :  That  he  resided  in  Nutley,  in  the 
State  of  New  Jersey ;  that  he  is  Vice-President  of  the  American 
Surety  Company  of  New  York,  the  corporation  described  in  and 
which  executed  the  foregoing  instrument ;  that  he  knew  the  corpo- 
rate seal  of  said  company ;  that  one  of  the  seals  affixed  to  said  in- 
strument was  such  corporate  seal,  and  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  said  company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[NOTARIAL  SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK/ 

On  this  i6th  day  of  December,  1907,  before  me  personally  ap- 
peared WILLIAM  B.  JOYCE  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say :  That  he  resided  in  The  City  of 
New  York,  in  the  State  of  New  York ;  that  he  is  President  of  the 
National  Surety  Company,  the  corporation  described  in  and  which 
executed  the  foregoing  instrument ;  that  he  knew  the  corporate 

453 


Modification  of  Arbitration  Provisions 

seal  of  said  company ;  that  one  of  the  seals  affixed  to  said  instru- 
ment was  such  corporate  seal,  and  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  said  company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[NOTARIAL  SEAL.]  Notary  Public  (39), 

N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 
COUNTY  OF  NEW  YORK,} 

On  this  i8th  day  of  December,  1907,  before  me  personally  ap- 
peared THOMAS  A.  WHELAN,  to  me  known,  who,  being  by  me 
first  duly  sworn,  did  depose  and  say :  That  he  resided  in  City  of 
Baltimore,  in  the  State  of  Maryland ;  that  he  is  Vice-President 
of  the  Fidelity  and  Deposit  Company  of  Maryland,  the  corpora- 
tion described  in  and  which  executed  the  foregoing  instrument ; 
that  he  knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  instrument  was  such  corporate  seal,  and  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  said 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

J.  WHITMORE  BARRY, 

[NOTARIAL  SEAL.]  Notary  Public, 

N.  Y.  Co. 


454 


M2Q6863 


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